Open Alcoholic container in Vehicle... IN PARKING LOT!!!!!

aplaya4life · 02-20-2007, 05:30 PM

http://www.nhtsa.dot.gov/people/inju...inary_data.htm

about 2 weeks ago i was in an Albertson's Parking lot in my dad's Navigator basically hanging out afterhours (around 4am) when an squad car came up to us to basically check out why we're there. All of a sudden 3 more squad cars came up to us and while checking our records they asked to search the vehicle and they found an open container (that i forgot about, honestly) on the front passenger side on the floor....

im the only one who's over 21 (newly 21), but everyone else is at least 18.

basically i got a ticket or court appearance for an open beverage in a motor vehicle, but my question is should i have this being that i was in a parking lot, NOT going anywhere? at the top i posted a link to the Dept. of Trans. open container law and it says:

Quote:

Section 154 requires that a state must enact and enforce a law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the state.

BTW, no one was drinking. and they didnt bother to give a sobriety test either, but they put unknown for under the influence on my ticket

well, i live in Las Vegas, NV... and im still searching, but i honestly dont think there is any wrong doing (that was caught) from an open alcoholic beverage in a parking lot, when the vehicle wasnt in motion, or attempting to make it to the public road.

do i have a shot of fighting this, b/c i dont feel i should be fined or even have to go to court.

**P's Titan** · 02-20-2007, 05:38 PM

that may be a good one to look into, I'm surprised that they didnt do a BAC test on you. I would have asked for one for court records. Since the officer that wrote the tic stated unknown BAC that is in your favor.

You may have a battle as far as the open container, plus you had minors in the cars ( as far as alcohol ). As far as parking lot and street, your on Privite Property so that could also be in your favor.

Good luck

Burly · 02-20-2007, 05:39 PM

I would think that you would have a chance of winning due to them searching your vehicle. Unless they had probable cause of some kind, they can't search your ride legally.

aplaya4life · 02-20-2007, 05:39 PM

Got this from a link thru the Nevada DMV website (http://www.leg.state.nv.us/NRS/NRS-4...l#NRS484Sec448):

Quote:

NRS 484.448 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

1. It is unlawful for a person to drink an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(b) “Open container” means a container which has been opened or the seal of which has been broken.

(c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

(Added to NRS by 1971, 315; A 1991, 838; 2003, 3246)

(* NOTE: 3367 was the construction zone and fines double.... 015 defines alcoholic beverage..... and 3246 is for DUI)

**P's Titan** · 02-20-2007, 05:42 PM

Quote:

Originally Posted by Burly

I would think that you would have a chance of winning due to them searching your vehicle. Unless they had probable cause of some kind, they can't search your ride legally.

he stated the cops asked, looks like he ok'd that

aplaya4life · 02-20-2007, 05:45 PM

yeah, thanks b/c i didnt think it was right for them to give me the ticket. i am aware and hold responsibilty for having the minor's around with me, but none of us were drinking and they didnt bother to test any of us. and i did want to point out to the court that there was no testing done.

they had asked permission to search my vehicle and i said ok... but after talking to people afterwards i think i should have just said no. but like i said, i forgot it was even in there. i had bought it earlier that day.

thanks for your insight into this.... i'll keep u updated....

Shane06fl · 02-20-2007, 05:52 PM

thats a tough one. I have similar experiences in my youth and have been very lucky.

Your hosed, open container is open container= illegal. pay small fine and be done with it. Don't be a smart *** or argumentative in front of the judge. Explain you had a casual beer with a friend earlier in the day after work, you didn't have a trash can around so you put the empty inside the truck until you got home and forgot about it. That is what happened right?

They searched your vehicle because you were loitering on private property. Now being private property the local law might not have jurisdiction unless they were asked to come on private property. A attorney might get you out of it.

Next time don't drink and drive and don't throw your containers on the floor.

All just speculation and here say. Actually I just called my buddy who was cop that got a DUI and now does landscape

Good luck

BlingAlong06 · 02-20-2007, 06:01 PM

NRS 484.448 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

1. It is unlawful for a person to drink an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

I think you can win

**P's Titan** · 02-20-2007, 06:05 PM

Quote:

Originally Posted by BlingAlong06

I think you can win

it's not going to be easy, I wouldn't call this a slam dunk.

I agreed with Shane a lil about OC is a OC and pay the fine. Cept there is interesting circumstances with this case and I would talk to some lawyers and see what they say.

Free advice from them.

helomech · 02-20-2007, 06:10 PM

Never give permission to search. But I would go and see the DA and tell him the situation, he can drop the charges. I found out that a lot of cops don't know the law to well. The DA I talked to about a situation told me the police will write a citation when he thinks a law has been broken. It is then the DA's job to see it it actually has. I had a cop try to write me a citiation for firing a gun, and the cop didn't know the whole law, he was wrong. I didn't get in any trouble, because I fell within the letter of the law.

Vegas_Titan · 02-20-2007, 06:18 PM

my father is a officer in las vegas and has been for many years. I called him and he did confirm that if a auto mobile whether it is moving or not can still not have a open container. The reasoning is that they say you have intentions on driving.

helomech · 02-20-2007, 06:28 PM

Quote:

Originally Posted by Vegas_Titan

my father is a officer in las vegas and has been for many years. I called him and he did confirm that if a auto mobile whether it is moving or not can still not have a open container. The reasoning is that they say you have intentions on driving.

But he was on private property, same thing as me standing in my yard throwing beer bottles in my truck. Cop can't do anything. Now it the cop would have waited for him to leave the parking lot then stopped him he would be screwed. The letter of the law stated in his post on a highway. He was not on a highway therefor that law doesn't not apply to his situation. Maybe there is another law I am not aware of, but that particular law doesn't apply.

**P's Titan** · 02-20-2007, 06:29 PM

Quote:

Originally Posted by helomech

But he was on private property, same thing as me standing in my yard throwing beer bottles in my truck. Cop can't do anything. Now it the cop would have waited for him to leave the parking lot then stopped him he would be screwed. The letter of the law stated in his post on a highway. He was not on a highway therefor that law doesn't not apply to his situation. Maybe there is another law I am not aware of, but that particular law doesn't apply.

take helo's advice and mine, talk to a lawyer first. You can call around and see what they say. You should also talk to the DA and tell him the situation. It's up to him weather or not to file charges

onelowmini · 02-20-2007, 07:14 PM

I dont know about Nevada but I fought a case and won in california. I got a ticket for burning out, unlawful exhaust and to low. I was in a parking lot. A parking lot is NOT considered public highway UNLESS each entrance has a sign no less than 18" tall visible from at LEAST 26ft away. I took pictures of every entrance as signs were not posted. The judge threw the case out. UNLESS a tennent complains a cop can not cite you on a NON PUBLIC road,,UNLESS you are DRINKING AND DRIVING..which you were not..ok im done

TexTheTitan · 02-20-2007, 07:23 PM

Think about this for a second. You had an opened container of alcohol that you bought that very same day. So you drove to get it, drank some of it, and then the same day ended up in a parking lot with the bottle still in your truck. Did you take it from the store, into your house, drink it, then put it back in your truck? Doesn't sound likely. Sounds like you were drinking anf driving at some point. (I'm not accusing your, just giving an outsider's view)

Also, the property you were on is not really "private" It is in the fact that some property investment firm owns it, but really you are in the public. Anyone can drive onto this property without the expressed permission of the owner, so it's not the same as sitting in your driveway.

Lastly, what are you doing hanging out with teenagers in the parking lot of a grocery store at 4:00 am? Seriously. You are 21 years old. You know who hangs out in grocery store parking lots at 4:00 am? TEENAGERS!

You have a sweet truck! So go out and pick up some chicks your own age and get in trouble with them!