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:

Anonymous said...

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

open container laws California said...

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.