I thought some of you might find this beneficial to know for the holiday
season.  Lets be sure to strategically place our spirits while on the road.



-----Original Message-----
From:	T-Man [mailto:tolan@ev1.net]
Sent:	Thursday, December 20, 2001 4:04 PM
To:	Wendy L Edmunds; Tom & Kelly Mueller; Todd Addington; Steve Burke;
'David Valerius'; David Jaks; Joe Ebert
Subject:	Re: Open Containers

Dear Joe,

This will help you out:

"A person commits a Class C misdemenor if the person knowingly possesses an
open container in a passenger area of a motor vehicle that is on a public
highway, regardless of whether the vehicle is being operated, is stopped, or
is parked.
Possession of more than one open container in a single criminal episode is a
single offense.
'Open container' means any receptacle that contains any amounts of alcoholic
beverage that is open, has been opened, has a broken seal, or has any
contents partially removed.
'Passneger Area of the motor vehicle' means the area designed for seating of
the operator and passengers, and does not include:
a glove box or other similar storage container that is locked;
the trunk;
the area behind the last upright seat of the vehicle if the vehicle does
not have a trunk.
It is an exception to the application of this sectionthat the defendant was
a passenger in:
A motor vehicle designated, maintained or used primarily for the
transportation for compensation, including a bus, taxicab, or limousine; or
A motor home or recreational vehicle.
Upon making a written promise to appear, a peace officer must release the
suspect with a written citation."
This is quoted from the Texas Penal Code, Subsection 49.031.  Now, I am not
a lawyer, and I am not giving legal advice, but here are my thoughts on this
law.
1.	You can not have an open beer, open liquor bottle, or any other open
alcoholic beverage any where in the passenger compartment.  This applies to
both the driver and all the passengers.  You don't have to be consuming the
alcoholic beverage, it just has to be "open."  And open is defined as open,
broekn seal, or contents partially removed.  So a screw top bottle that has
been opened once, is alsways considered "open".  So if you are taking a
bottle of Jack Daniels to a friends house and the bottle has the seal
broken, it must be in the locked glove box, locked center console or trunk.
2.	Penalties:  The crime is a Class C offense, just like most other traffic
tickets.  The fine will be any where from $1.00 to $500.00 as set by the
Judge.  Figure it is probably going to be about $250.
3.	Jail time:  Normally you can not be put in jail for this offense.  As
long as you agree to sign the ticket, the officer must write you a ticket
and release you.  However, you can be put in jail for other offenses in
combination with an Open Container offense.  Also, if you refuse to signt he
ticket, you can and probably will be put in jail.
4.	Pick up trucks:  the alcohol container needs to be behind the rear seats
or only row of seats or in the glove box or center console or in the bed.
5.	Citations are issued to the persons determined to be in possession of the
containers.  If the passengers are determind to be in possession of the
containters and not the driver, the passengers get the ticket(s).  If it
can't be determind who was in possession, every one could get a tickets, or
just the driver, or no one.

Hope this helps.
Tolan
----- Original Message -----
From:	"Joe Ebert" <jebert@eadslink.com>
To:	"Tolan Hardin" <tolan@ev1.net>
Sent:	Wednesday, December 19, 2001 7:40 AM
Subject:	Hello


> Tolan,
>
> Good morning!
>
> Quick question for you?  We have been wondering what the penalties are for
> the violation of this law.
>
> Open Container:

up to $500 fine
>
> If I get pulled over by an officer and have an open container what will
> happen?  I have been told that it is an automatic trip to jail.  Is that
> true?

No, not an automatic trip.  Normally you must be issued a citation.
>
> What if the driver is clean but passengers are drinking?  What will most
> likely happen?
>
Passengers get the tickets.
> Talk to you later,
>
> Joe
>
>
>