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Open Intox In Vehicle

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eplyso

Junior Member
Michican, does anybody know the elements of the misdemeanor crime open intox in a vehicle. I've been told that an empty six pack being transported for deposit refund in the passenger compartment is a violation. If a driver is found to have a half full can of beer, the beer is dumped by the officer and the can left in the drivers car , is the officer's testimony sufficient evidence for a conviction even though the oficer does not have tha can for evidence at trial and can not prove what was in the can?
 


Happy Trails

Senior Member
eplyso said:
Michican, does anybody know the elements of the misdemeanor crime open intox in a vehicle. I've been told that an empty six pack being transported for deposit refund in the passenger compartment is a violation. If a driver is found to have a half full can of beer, the beer is dumped by the officer and the can left in the drivers car , is the officer's testimony sufficient evidence for a conviction even though the oficer does not have tha can for evidence at trial and can not prove what was in the can?
So is the can empty or half full?

Why don't you transport the 6 cans in the trunk?

257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
 

justalayman

Senior Member
eplyso said:
Michican, does anybody know the elements of the misdemeanor crime open intox in a vehicle. I've been told that an empty six pack being transported for deposit refund in the passenger compartment is a violation. If a driver is found to have a half full can of beer, the beer is dumped by the officer and the can left in the drivers car , is the officer's testimony sufficient evidence for a conviction even though the oficer does not have tha can for evidence at trial and can not prove what was in the can?
(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway,
An empty can can/should be exempt (but my understanding is it often is not). It would be up to the officer to determine if you just emptied it or it is an old empty heading to the return bin. The next step to that situation though is the road side test for sobriety and/or breathalyzer.
 

justalayman

Senior Member
rmet4nzkx said:
One driving to a recycling center usually transports more than a 6 pack.
Not if he was emptying them on the way:eek:

There is a more interesting situation in Indiana. There is no state law against "open container" but individual muni's can enact their own if desired. So you can drive across the state and go from legal to illegal by crossing the street.
It always bothered me when my little bro would drive down the road drinking a beer.
 

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