Date: Wed, 4 Nov 1998 15:14:49 -0800
Reply-To: Steve <sxs@CONCENTRIC.NET>
Sender: Vanagon Mailing List <vanagon@vanagon.com>
From: Steve <sxs@CONCENTRIC.NET>
Subject: Re: Open container (alcohol) law & the Westy????
Content-Type: multipart/alternative;
In several states (less than 5) cops can search upon any
stop without probable cause. The Supreme Court will decide
if these states' laws are constitutional this term...by next
june.
I know the issue of alcohol in an open container in an rv
has been before the courts, and recall that one court found
it did not matter that it was an rv...same as a car, but i
am sure there are circumstances that could change that
ruling. As a practical matter, if you've been drinking and
they find it, then it likely will not matter that it's an
rv. If you haven't been drinking and they find an open
bottle of alcohol in the cargo cabinet, you're probably ok,
but expect a breath test or some inquiry into consumption.
If you haven't been drinking but they find it sitting on the
floor between the driver's and pass seats, expect to be
cited. All the above are just guesses, though.
steve
Phillip Bouton wrote:
>
>
> A law officer would have to have probable cause to search
> your vehicle, such as alcohol on your breath or your
> smelling like MJ , etc. If you have not drunk anything
> before driving, you should not have a problem as long as
> the alcohol is closed/capped and stored out of reach/sight
> of the driver/passengers. This is no different than
> having a half empty bottle of wine in a bag in the back
> seat or trunk area. If you have not been drinking then
> you have nothing to worry about (breathalyzer would be
> neg.). Best advice is not to drink and drive-drink and
> sleep in your van/westy!
>
> Also word of warning-I heard that in Ontario, CA., police
> can search your car without probable cause. Let me know
> if I'm wrong.
>
> -----Original Message-----
> From: Eric Pickering
> [mailto:mv_54@OMALP1.OMERESA.OHIO.GOV]
> Sent: Wednesday, November 04, 1998 10:35 PM
> To: vanagon@VANAGON.COM
> Subject: Open container (alcohol) law & the
> Westy????
>
> Question:
> How does law read regarding open containers in
> Westfalias? I mean, not
> cruising down the road holding a beer bottle, but a corked
> bottle of
> wine or Jack Daniel's finest in one of the back cabinets!
> I know common
> sense would say that is fine but a nosey police officer
> and a poorly
> written law could get you/me in trouble. Any lawers or
> officers of the
> law out there that can give me some insight? I'm in Ohio
> if location
> matters (but travel all over).
>
> Thanks,
> Eric
>
> P.S. I don't receive the list right now so please respond
> to it and me
> directly!
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