Question for the legal eagles

Discussion in 'Horn Depot' started by Sangre Naranjada, Mar 2, 2011.

  1. Sangre Naranjada

    Sangre Naranjada 10,000+ Posts

    So I'm taking a defensive driving course [​IMG] and I'm on the alcohol chapter when I run across this statement:

    "No open containers with any amount of alcohol can be in the passenger compartment of a vehicle. This is a Class C misdemeanor."

    Now the question I have is, what constitutes an open container?

    [​IMG]
    Would a recorked bottle of wine be considered open? For the sake of discussion, please let us assume the driver is absolutely sober, BAC=0.0%, just so a general discussion of DWI doesn't get in the way of the question.

    The reason I ask is that I have transported recorked wine bottles on occasion, and they have been in the passenger compartment. Is a once opened container always open in the eyes of the law?

    Thanks for your opinions, folks.

    Edit: Just for the sake of full disclosure, this question is unrelated to my traffic ticket.
     
  2. busterbrown16

    busterbrown16 1,000+ Posts

    Interesting question. This is from a Dallas DWI attorney's website. He does not cite to a statute, but it appears to be valid information.

    Transporting Re-Corked Wine BottlesMost people are aware of the rules and regulations regarding open containers and the transportation of liquor in Texas. Although individuals are not allowed to take open bottles of liquor out of bars and restaurants, they are allowed to “re-cork” bottles of wine and take them home.

    It is important to note that although the law allows for bottles of wine that were opened at restaurants to be taken home, there are still strict rules regarding open containers in Texas, and individuals may still be cited for open-container possession if they do not transport the bottles in the correct manner. If you have any questions regarding open-container laws in Texas, contact Dallas DWI attorney Mark T. Lassiter at 214-457-1668 today.

    Transporting a Re-corked BottleAlthough it is perfectly acceptable to re-cork a bottle of wine purchased at a restaurant or wine bar in Texas, it is still important to transport the bottle in the proper manner. It is recommended that individuals transport bottles in the following manner:

    In the trunk of the car or passenger vehicle
    Locked in the glove compartment
    In vehicles with no trunk, the bottle should be placed as far from the driver as possible
    It should be noted that re-corked bottles should be taken only from properly licensed facilities.

    Also see this Link which contains the laws related to re-corked bottles of wine for all states.
    >The Link
    TEXAS
    Partially consumed bottles of wine can be taken from properly licensed facilities and must be put in the trunk, a locked compartment of the vehicle, or in the furthest part of the vehicle away from the driver if there is no trunk. (see note 2)
     
  3. Sangre Naranjada

    Sangre Naranjada 10,000+ Posts

    Good info. Thank you. I guess I'll use the trunk from now on.
     
  4. TxStHorn

    TxStHorn 1,000+ Posts

    Unless it's changed recently, the statute actually says that an open container (which would include a re-corked wine bottle, liquor bottle with a broken seal, or flask) must be behind the "last upright seat" of the vehicle.

    So, at least if you have a truck, just put behind the back seat, and you should be fine.


     
  5. ZenSip

    ZenSip 100+ Posts

    You mean they haven't figured how to market and collect revenue from a concealed open container possession permit license?
     

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