Monday, April 11, 2005

49 Down.....

I heard on the radio this morning that Montana recently became the 49th state to outlaw open alcohol containers in moving vehicles (Mississippi being last in line).

Open container laws always kind of rub me the wrong way. Having an open container doesn’t mean you’ve been drinking and driving. I can understand it usually means a drunk driver, but that’s what breathalyzers are for.

But there are everyday scenarios where A does not follow to B so nicely. What about bringing home a half-finished bottle of wine you brought to a party? Or transporting cans to the store for recycling but one of them wasn’t quite empty? Should one get a ticket because he absent-mindedly forgot to finish his drink at a tailgate party? Or if friends are having a picnic and it suddenly starts raining, should they be punished because in their haste they brought their drinks into the car and then forgot about them?

I’m not a drinker myself so I could only imagine the myriad possibilities where an open container is justified. Is it really worth punishing everyone especially since we have the technology to better separate the legitimate lawbreakers from the victims of circumstance? Of course not.

2 comments:

  1. Um, you would be wrong on your Open Container Law statistic:
    State Laws:

    Thirty-seven states and DC have a federally compliant open container law:


    Alabama
    Arizona
    California
    DC
    Florida
    Georgia
    Hawaii
    Idaho
    Illinois
    Iowa
    Kansas
    Kentucky
    Maine
    Maryland
    Massachusetts
    Michigan
    Minnesota
    Montana
    Nebraska
    Nevada
    New Hampshire
    New Jersey
    New Mexico
    New York
    North Carolina
    North Dakota
    Ohio
    Oklahoma
    Oregon
    Pennsylvania
    Rhode Island
    South Carolina
    South Dakota
    Texas
    Utah
    Vermont
    Washington
    Wisconsin

    The not-federally-compliant open container states break down as follows:

    1. Don't have open container, but prohibit consumption by the driver while driving:
    Connecticut
    Delaware
    Missouri
    Virginia
    Wyoming

    2. Don't have open container, but prohibit consumption by the driver and occupants while the car is in motion
    Arkansas
    Colorado
    West Virginia

    3. Have an open container law, but it applies to drivers only
    Alaska
    Tennessee

    4. Have an open container law with weird exceptions that make it not federally compliant
    Louisiana

    5. Open container law applies in special circumstances
    Indiana — Only applies if the driver has a BAC >.04

    6. No law
    Mississippi

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  2. Oh yes I agree with you open container law sucks and thank god that it has been outlawed. This law has never been fair with persons who wanna enjoy life.
    Thanks for letting me know about this.

    ReplyDelete