Black Lives Matter

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  • mace1229mace1229 Posts: 8,872
    edited August 2022
    An empty beer can on the passenger seat floor is not enough to arrest someone and charge them, regardless of age. For the driver to be charged there needs to be additional evidence that the driver had been drinking or is impaired, or that there’s still enough quantity of beer in the container to be charged with an open container violation and/or possession of alcohol by a minor. You could fill your car with empty beer cans and drive to the redemption center and you can’t be pulled over for it or be arrested, unless there’s an underlying infraction like obstruction of the review or you fail to signal, etc.

    Do we still have a constitution?
    Most states (maybe all?) prohibit an open container while a car is being operated, and I don’t think the amount of alcohol matters. An open container is an open container.So an empty beer can in the passenger seat is illegal. Do they define an open container as having a certain amount left? I’ve never heard that. If that is true, then there’s really nothing wrong with passengers drinking while you’re driving. As long as they chug it when you get pulled over.
    Post edited by mace1229 on
  • Cropduster-80Cropduster-80 Posts: 2,034
    edited August 2022
    mace1229 said:
    An empty beer can on the passenger seat floor is not enough to arrest someone and charge them, regardless of age. For the driver to be charged there needs to be additional evidence that the driver had been drinking or is impaired, or that there’s still enough quantity of beer in the container to be charged with an open container violation and/or possession of alcohol by a minor. You could fill your car with empty beer cans and drive to the redemption center and you can’t be pulled over for it or be arrested, unless there’s an underlying infraction like obstruction of the review or you fail to signal, etc.

    Do we still have a constitution?
    Most states (maybe all?) prohibit an open container while a car is being operated. So an empty beer can in the passenger seat is illegal.
    In Montana it use to be the driver. A passenger could drink in a car while it was operating.

    im not that old.  We didn’t have a speed limit either starting the same year I got a full unrestricted drivers license  (15 years old 1 month) which was before I set foot in a high school class 😂

    it was the Wild West 

    I knew a kid with a farm permit who drove to 6th grade. 


    Not all states are as civilised as others 

    Post edited by Cropduster-80 on
  • mace1229mace1229 Posts: 8,872
    mace1229 said:
    It's just crazy to me that I can drive a few hours to IL or MI and buy marijuana legally. In OH I could get it with a medical card (maybe not as a non-res but definitely residents can) yet IN will bust your ass for dust.
    Was the fact she was a minor and had possession of it while driving? I would think so. Seems like the equivalent of having an empty beer can in the passenger seat floor if you’re 17. They’ll bust you hard for that.
    Not saying your daughter deserves it, just thinking they came down harder for those reasons.
    If it’s illegal across all ages I don’t think you could get away with a punishment  more severe based being younger, or older. Certainly you could argue that though 

    if you are charging a juvenile in juvenile court the sentence should be less or not applicable to an adult since it’s not necessarily a crime for an adult 

    Alcohol offences or presumably drugs may be more severe for a juvenile in a case of it leading to a revoked drivers licence. However some states don’t offer a full license to young drivers and it’s more of a provisional one so it’s way easier to take away 
    I’ve always believed penalties for drunk driving are often more severe for minors. Don’t know where I got that, just always thought that to be true. Maybe it isn’t.
  • Halifax2TheMaxHalifax2TheMax Posts: 36,203
    Not if there’s no visible or discernible evidence the driver or passengers were drinking. Alcohol on the breath, bloodshot or dilated eyes, slurred speech, etc. empty beer cans are just that, empty beer cans. Not evidence of a crime being or having been committed.
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  • mace1229mace1229 Posts: 8,872
    I was just looking it up. There are more states than I thought that allow passengers to drink. I had no idea. But in California, where i grew up and lived until I was 30, even an empty beer can counts. I just thought that was the law everywhere.
    Going to have to start using my fake carpool dummy as my beer holder now too.
  • dankinddankind I am not your foot. Posts: 20,827
    The leap to impaired driver in Gern’s daughter’s case is huge. I could see if it was residue in a bowl or chillum or something. Or even a vape with visible distillate left in it. Or even an open package of edibles. 

    But we’re talking about dust in a grinder here, and there’s no way to get impaired from that—at least not that I’m aware of. 
    I SAW PEARL JAM
  • Halifax2TheMaxHalifax2TheMax Posts: 36,203
    dankind said:
    The leap to impaired driver in Gern’s daughter’s case is huge. I could see if it was residue in a bowl or chillum or something. Or even a vape with visible distillate left in it. Or even an open package of edibles. 

    But we’re talking about dust in a grinder here, and there’s no way to get impaired from that—at least not that I’m aware of. 
    You ain’t never snorted the dust? Living large I’d say.
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  • brianluxbrianlux Moving through All Kinds of Terrain. Posts: 40,381
    edited August 2022
    John Entwistle and Keith Moon of the rock group The Who show off their new  cars at the home of Keith Moon in Chertsey Surrey John Entwistle bought  himself a Cadillac Fleetwood

    "A car without a bar in the back seat?  They are kidding, right Keith?"

    "I believe in the mystery, and I don't want to take it any further than that. Maybe what I mean by that is love."
    -John Densmore











  • Correction to a previous post 

    I once posted to teach your daughters what to do in case of rape..unless you’re black

    https://www.actionnews5.com/2022/09/20/rape-victim-sues-city-memphis-claiming-negligence-2021-case-allowed-eliza-fletchers-death/

    her case didn’t matter until the rapist raped and killed a white woman 
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