Date:         Wed, 4 Nov 1998 19:01:16 -0800
Reply-To:     Bryan <bryan459@PACBELL.NET>
Sender:       Vanagon Mailing List <vanagon@vanagon.com>
From:         Bryan <bryan459@PACBELL.NET>
Subject:      Re: California: Re: Open container (alcohol) law & the Westy????
Comments: To: Vanagon@VANAGON.COM
Content-Type: text/plain; charset=us-ascii

So, the back (behind the rear seat) of an '87 Westy (for example) is not
normally occupied by passengers, and a perfect place to store an open
container is the cabinet back there.  My take on the ordinance.  Nothing
more than a lay opinion.

However, an off-the-record-reply from a friend, who is a California
Highway Patrol officer:

"If you are a jerk, and you have alcohol on your breath, and you've been
driving, and I have probable cause to search your van, I will write you
up for an open container if I find one.  I'll let the judge decide
whether the location of the bottle was acceptable or not."

"If you're not a jerk, and you don't have alcohol on your breath, and I
have cause to search your van, then I'll just ask you to empty the
bottle in front of me, and send you on your way without it."

He's not sure how a judge would make the call on the bottle being in the
rearmost cabinet of a Westy.  He's never encountered that in 15 years of
CHP work!  His only gripe about VW Westy's is having to follow them up a
hill! :)

Bryan
'87 Westy
California
==========


Ari Ollikainen wrote:
>         Here's the California Vehicle Code reference:
>
> Storage of Opened Container
>
> 23225. It is unlawful for the registered owner of any motor vehicle,
> or the driver if the registered owner is not then present in the vehicle,
> to keep in a motor vehicle, when the vehicle is upon any highway, any
> bottle, can, or other receptacle containing any alcoholic beverage which
> has been opened, or a seal broken, or the contents of which have been
> partially removed, unless the container is kept in the trunk of the
> vehicle, or kept in some other area of the vehicle not normally occupied
> by the driver or passengers, if the vehicle is not equipped with a trunk.
> A utility compartment or glove compartment shall be deemed to be within the
> area occupied by the driver and passengers.
>
> This section shall not apply to the living quarters of a housecar or camper.
>
> Amended Ch. 940, Stats. 1981. Effective January 1, 1982.
>
> Storage of Opened Container in Passenger Compartment
>
>     23226.   It is unlawful for any person to keep in the passenger
> compartment of a motor vehicle, when the vehicle is upon any highway, any
> bottle, can, or other receptacle containing any alcoholic beverage which
> has been opened, or a seal broken, or the contents of which have been
> partially removed.
>
> This section shall not apply to the living quarters of a housecar or camper.
>
> Amended Ch. 940, Stats. 1981. Effective January 1, 1982.