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Offlinepscyanescens
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Open container laws in California
    #6507260 - 01/29/07 06:09 AM (7 years, 6 months ago)

I was wondering if someone can tell me the law about "open container" in California.

Very simple, can you have an open container in your trunk? What about station wagons? In the far back? I am basically trying to bring a big bottle of vodka to a party, and i might not want to drink it all there. Can i transport it somehow in my car after i open the bottle legally?


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OfflineKonnrade
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Re: Open container laws in California [Re: pscyanescens]
    #6507427 - 01/29/07 08:54 AM (7 years, 5 months ago)

The law isn't very detailed as far as open containers go. It merely says that you or your passenger(s) are not to be in posession of an open container.

http://dmv.ca.gov/pubs/vctop/d11/vc23223.htm

The trunk is likely to be just fine, however due to how vague the law is I could imagine it being possible to prosecute for it.

However, a police officer isn't likely to deem it necessary to take action against you if the booze isn't in the passenger area. The open container regulations are mainly aimed at keeping open booze away from where the driver can be consuming it while they drive.


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OfflineSeussA
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Re: Open container laws in California [Re: pscyanescens]
    #6507752 - 01/29/07 10:54 AM (7 years, 5 months ago)

I don't know the specifics of CA, but usually they use the "readily accessible by driver or any passenger" as the line that must not be crossed. If the driver, or a passenger, could gain access to the bottle from their seat, then it will probably be considered an open container violation. In a locked trunk, you are probably safe. In a locked hatch back, a little less safe. In the back of a station wagon or SUV, even less safe.

Personally, I wouldn't take the chance unless I had a trunk. What does a large bottle of Vodka cost? How much does a ticket cost? Is it really worth the risk?


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Offlinepscyanescens
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Re: Open container laws in California [Re: Seuss]
    #6520665 - 02/01/07 07:41 PM (7 years, 5 months ago)

Quote:

What does a large bottle of Vodka cost? How much does a ticket cost? Is it really worth the risk?




What if it is after 2am and you can't buy another bottle. Not to mention you were being the responsible one all night watching your girlfriend get trashed and then feel like you should be able to have a drink when you get home? Don't you deserve it Mr. Responsible? Why can't i buy a big bottle? The price of a 250ml bottle of Smirnov vodka here is about $5 a 1.75 liter handle is about $15-17. At the rate of smaller bottles it is $35! That is ridiculous


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"With an abundance of Cyanescens... i would never touch another Cubensis again."


Edited by pscyanescens (02/01/07 09:09 PM)


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OfflineSeussA
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Re: Open container laws in California [Re: pscyanescens]
    #6520734 - 02/01/07 08:04 PM (7 years, 5 months ago)

Woah, easy... I was only trying to point out that the cost of a bottle of Vodka is much cheaper than the cost of getting busted/lawyers/bail/etc. It sucks, I agree... but unless the laws change, that is the way it is. I was assuming (bad) that this was a one time deal, such as going to a party or camping or something. Can you afford to splurge one time and buy two bottles? Leave one at her place and the other at yours. You have a double, one time cost, but from then on the consumption and replacement rate should be the same. I also forget how ridiculously expensive alcohol is in the US. Where I live, a liter of good rum is less than $4 USD.


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OfflineLightningfractal
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Re: Open container laws in California [Re: pscyanescens]
    #6520964 - 02/01/07 09:22 PM (7 years, 5 months ago)

Just make sure the driver isn't drunk, then just toss it in the back under a blanket and drive cool. It's only a ticket anyway, stop being a wuss and get away with something today!


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OfflineKonnrade
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Re: Open container laws in California [Re: Seuss]
    #6521009 - 02/01/07 09:30 PM (7 years, 5 months ago)

heh, well naturally rum is cheap in the carribbean. A fifth of my favorite rum is nearly $20 though, all decent alcohol is quite expensive in the US :crazy:

Still... the cost of a citation for an open container violation isn't worth the cost of even a large quantity of alcohol. I'd just as soon go without, that's too much of a hassle.

Then again, the trunk is still a relatively safe place to transport booze in. Cops aren't in the business of hassling people who aren't intentionally breaking laws. They've got better things to do than cite someone for bringing his own alcohol back to his home.


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OfflineSirTripAlot
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Re: Open container laws in California [Re: Konnrade]
    #6521948 - 02/02/07 01:34 AM (7 years, 5 months ago)

From my experince, as long as the driver is not intoxicated, and other passangers have no open containers, a sealed half bottle of whatever, rolling around in the back seat is not a mjor issue. Dont be suprised if the cops do want to search the rest of the vehicle though.....but if you are worried about a 1/5th, then you shouldnt have any illegal subs onboard anyway.............


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