I while ago I was sitting in court waiting for my turn to explain to a judge that I wasn’t really urinating in public, it just looked that way, and I noticed that most of the cases were for open container violations. I also noticed that when the baliff guy announced who was next, he would say “Joe Schmo, open container of Olde English(or whatever)” Every now and again, he would say “beverage not specified” and the public defendant would say “move to dismiss, lack of evidence,” and the judge would dismiss the case. This happened in NYC. Does this mean I can stroll down Bway with my 40 if I peel the labels off? Of course, this being NYC the cops would just make up a beverage for the ticket, but I’m curious. Also, does brown bagging your booze protect you from the man, or can they still get you?
If you’re walking around with an empty bottle with no label on it, it’s pretty hard for the prosecutor to prove that you’ve been drinking some sort of hooch.
Of course you could smell like alcohol, stagger around the block, and urinate on the sidewalk and the cops will probably cite you for public intoxication if you cause enough trouble.
I’m not sure if “open container” ordinances or laws apply to just walking down the street, but in my experience, it refers to the operation of a motor vehicle with an open container of alcohol inside the passenger space of said vehicle. Someone will, of course, correct me or elaborate on the topic if I am incorrect.
My 2¢:
In SC, the open container can be totally empty, and it doesn’t have to be the original container. If it’s a paper cup that the cop thinks contained alcohol, that is also an “open container.” Sobriety has nothing to do with it.
Here in Virginia, you can’t drink alcohol in public period without a site licence, not even at a family picnic.
At events like a harbor festival, they have little roped-off areas that you can drink in, as per the site licence.
At Daytona Beach Spring Break, my friends were getting nice and buzzed on beer that we were drinking. But the cops left us alone, because we were drinking out of McDonald’s cups, plus not acting like we were drunk, just partying.
Typically the laws are for open containers of alcohol or alcoholic beverages. They can be empty; pouring in out on your floorboard will not get you out of the ticket.
If the container was unmarked, or, for example, was a Coke can, the cop could probably smell for alcohol and if he detected it, write “unknown alcoholic beverage”.
No, I heard that tried, that got thrown out too. And these were not driving violations, these were for drinking out in public. Like on the sidewalk. It seemed unless the cop was real specific, the ticket was dismissed. This actually worked to one guy’s advantage, because he had an open container of Odouls. You shoulda seen his face when the judge explained it had no alcohol in it. He was like 14, and probably bought the first beer-ish thing he saw at the bodega. I really wanna know about the brown bagging. That can’t really tie the cops hands, can it?
If the defendant were 14, he should have been in a juvenile court. Unless the prosecution felt his crime was so heinous that he needed to be tried as an adult.
I would think that the brown bag is used so the cops can’t see what someone is drinking at a quick glance. That way, the cops have to work a lot harder to give you a ticket.
In Indiana, several cities and counties have passed no-open-containers-in-vehicles laws. It’s hard to say if there’s been any benefit, but there has been a big increase in littering. It’s now safer to throw out the empty than carry the can home for recycling (and risk a bust for the container.)
No, a brown bag does not “tie the cops hands.” All he or she needs to investigate further is a reasonable suspicion that a law is being broken, such as the fact that you’re nipping off a drink in a brown paper bag (if it’s not alcoholic, why keep it in the bag?). They then can establish the type of drink by merely . . . taking it out of the bag (duh).
The lack of the label is more problematic. They could probably still establish that you were drinking alcohol (from an unlabeled bottle, for example) by having the cop come to court and testify “it smelled like alcohol; it tasted like alcohol;” or whatever. But what cop wants to waste his time appearing in court for an O.C. violation?
This is a generalization, by the way, as open container laws, like most laws, vary from jurisdiction to juristiction. So your mileage may vary.
Er, haven’t “open container in vehicle” laws been pretty standard for a long time? I would think if you were driving down the road with a beer can in your cup holder, that could warrant a ticket (or perhaps even an arrest).
Did Texas ever adopt an open container law? I believe that it didn’t for quite a while.
I also think New Orleans allows open containers because the city and/or parish didn’t want to damage the lucrative drive-through daquiri business.
A few thoughts/insights on this:
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The cases you cited were probably dismissed just because the officer didn’t write a good report, which detailed the elements of the crime. In other words, he didn’t describe the alcohol. Even without knowing the name of the alcohol, he/she should have been able to cover it by adequately describing the beverage in question.
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Depending on where you are, the brown bag might actually “tie the cop’s hands”. In Washington State, where I work, you would have to consent to my opening the bag to see what’s inside. Either that, or I could presumably “seize” you and the bag with probable cause, then seek a search warrant to open the bag (I don’t know any cops that have that much time on their hands). In most other states, however, the cop could search the bag on the spot as long as he or she has probable cause (not just “reasonable suspicion”) to believe it contains contraband (an open alcohol container).
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Open container laws are intended for containers that still have enough alcohol in them to consume. A beer can that is empty (maybe a few drops left inside) shouldn’t earn you a ticket (unless, of course, you chug the last half while the cop is walking up to the window). If ever cited for something like that, I’d fight it.
Of course, my expertese is Washington State law, so things may be different in your neck of the woods.
Yeah, laws can be wildly different even six miles from your position. I’m six miles from Kansas, sitting here in Missouri. If I and my friends were of age, they could legally drink while I was driving, as long as my breathalyzer blew legal. As long as the driver is not imbibing, open containers for passengers are legal in MO. But go to Kansas, and, IIRC, it must be unopened, in the trunk of the vehicle or otherwise inaccessible.
–Tim
In Louisiana we have many drive-through daquiri business’s. They sell you the daquiri with a plastic closed lid. It’s against the law to have an open container, if you open the plastic lid you can get busted. 
I guess that keeping the lid on your daquiri while driving ensures that the driver, if not entirely sober, will at least not have spilled daquiri on his/her lap.
I’m very relieved.
My fellow Texans will correct me if I am wrong, but it is not against the law to have an open container in your vehicle. the conditions are: there must be one fewer open containers than people in the vehicle, and the driver cannot be seen holding an open container.
BTW this law was very hard to pass because Texans sure do love driving w/ their beers. Most everyone I know still does, including my dad who is quite possibly the most honest law-abiding citizen you could ever come across.
Don’t forget about the piece of tape over the straw hole to convert an “open” container to a closed one. Also, there are plenty of convenience stores where the daquiri machine is sitting right next to the big gulps.
We’re talking about a place where you can walk into Popeye’s chicken and come out with a three-piece combo meal and a Jack & Coke.
Being from Louisiana, I was used to getting “to-go cups” when leaving a bar or restaurant. Put your drink in a plastic or foam cup and off you went on your legal way. I was very surprised when I moved to North Carolina, and no one knew what a to-go cup was. In addition, there were those annoying signs announcing no liquor could leave the premises.
(disclaimer: I haven’t lived in Louisiana since 1992; things may have changed somewhat from the above description)