"Open Container" and trash

[doghouse]

I've always thought this law led to more trashing of Texas roads. Stop you with a few beers in a cooler and empty's from the weekend and you will probably be check out thoroughly. JMO!

[huntindude]

not to hijack, but I have a question. Take a full bottle of Crown to deer camp. Drive home with a half empty bottle the next afternoon. Could get busted for open container I suppose?

If you drive a truck, bring it home in a cooler in the bed of the truck

[trailboss]

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) a glove compartment or similar storage container that is locked;

(B) the trunk of a vehicle; or

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

Place it in the bed of the PU or trunk of the car and you're good to go.

Trailboss

[Man]

pretty sad we have to second guess picking up trash these days in fear of some sort of liability.

[billfromtx]

My son and I were leaving a fishing pier on Baffin bay awhile back and we watched 3 Hispanic women sitting on a tailgate drinking beer and watching their half dozed or so little turds taking bottles and cans OUT OF THE TRASH CAN and throwing them into the BAY...I remarked about garbage raising garbage and got the stink eye but I was PO'd...I did call LEO and report them.
Me and mine always go away with way more trash than we brought...

[RiverRat1]

No good deed......

[Hot4huntin]

Put them in the trunk or bed and you should be good. The way I read it as long as they are empty you're okay anyway.

not to hijack, but I have a question. Take a full bottle of Crown to deer camp. Drive home with a half empty bottle the next afternoon. Could get busted for open container I suppose?

Yes sir!

I wouldn't...i had an open container violation dismissed that was clearly old / trash by an over zealous leo. It was blatant overreach.

You are basically gambling on desecration / common sense.

True! Depends on the LEO and the town/county/state

You can get a violation but does not mean it will stick...keep it out of sight & out of reach to protect yourself.

Man you got to be a old fart too, to remember that

But a positive message!!

[Wood Man]

In this case I had just picked up someones recently emptied bottles. They even still smelled of beer and had some still in them which I dumped out. That is what go me to thinking about the open container thing. I usually have a pile of various stuff gathered which is obviously beach trash, complete with sand, but this time it was just the bottles. It irritated me that someone would be so self centered as to leave their bottles, glass no less, laying on the beach. There were no litter cans nearby so I guess they didn't want to be bothered with hauling it off.

They didn't want to haul it off because they didn't want open containers in their vehicle.

[Tmag]

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) a glove compartment or similar storage container that is locked;

(B) the trunk of a vehicle; or

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

Place it in the bed of the PU or trunk of the car and you're good to go.

Trailboss

Spot on Trailboss!

For you guys that drive Commercial Motor Vehicles, we can't even have a can or bottle in the trash of our vehicles. I've seen 2 cases of it: 1 was a driver that lived in his truck and had a crushed empty in the bottom of his trash bag.(got caught at South Texas Nuclear Plant, those guards are good I tell you) The 2nd was an owner op that picked up a new truck in Florida and headed to Texas, empty can was found in trash bag at a weigh station in Florida. (It's on the drivers CSA score sheet)

§ 392.5: Alcohol prohibition.

(a) No driver shall—
(1) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code.

[DTala]

you're overthinking this....

[Mayhem]

I always pick up trash on the beach while fishing and toss it in with mine. I think you over thinking the beer can thing.

If i did this in Matagorda i would never stop picking up trash, let alone get any fishing done.

[tvc184]

not to hijack, but I have a question. Take a full bottle of Crown to deer camp. Drive home with a half empty bottle the next afternoon. Could get busted for open container I suppose?

Yes.

Fortunately (I guess), this is one of two criminal laws in TX where the officer must allow you to sign a citation and not take you to jail as an option. Didn't use a blinker before 100' of a turn? Jail option and tow vehicle. License plate light out and you didn't know it? Same answer. Open container? Citation only unless you refuse to sign.

[huntingfanatic]

On a side note.......Thanks for picking it up in the first place

[jmoney]

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) a glove compartment or similar storage container that is locked;

(B) the trunk of a vehicle; or

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

Place it in the bed of the PU or trunk of the car and you're good to go.

Trailboss

Yep, gotta read the whole statute.

[Duane]

I'm guilty of riding with the half bottle of Crown. It's just too much to drink at once and too good to leave behind! I should put it behind the back seat I guess.