TN Open Container Law

[Guest Lester Weevils]

A friend seemed pretty laid-back to me, but had several bad experiences with police. Either he had extraordinary bad luck, or maybe he would come off as an arrogant smart-a$$ to police. Dunno.

Anyway, one time he got stopped and didn't fail a sobriety test, but had some dried-out empty beer cans laying in the back seat floorboard from a previous fishing trip, and they arrested him for open container.

[kb4ns]

Well part © does allow counties and cities to prohibit it, but how many have I'm not sure.

For the Memphis area folks, to the best of my knowledge, all local govs around here have ordinances against any open containers in the vehicle, regardless of who is in possession of it. I can say that for sure about Bartlett, Memphis, and Shelby County.

[kb4ns]

Could your friend have been under 21?

They can’t just take someone in and book them on a charge that would be a simple ticket unless there is more to it. If he was a minor in possession, his license was suspended or revoked, he was refusing to sign, he was too intoxicated to sign, he was uncooperative or resisting, he had a warrant, etc.

Like Dave mentioned here, there are a lot of circumstances that can prevent someone from being eligible to receive a citation in lieu of continued custody. Without knowing the details, I wouldn't want to jump to conclusions, but intoxication is the first one that comes to mind when we're talking about an open container.

In Illinois when we booked someone into jail a Command Officer was present and looked over the charges. Does that not happen in Tennessee?

Different policies for different departments, but most require a supervisor's "approval" of some sort for the arrest. Not to mention that a court clerk or magistrate has to sign the affidavit, and they're not gonna sign off on a bad arrest.

[DaveTN]

And that is your opinion. Just because that is your opinion, that does not mean we need the government lording over us. We have gracious plenty of that as it is. Personally, i do not see a problem with a non-driver having a drink.

Helping cut screaming kids out of cars and then watching them die will cause you to have that opinion.

So will puking at the roadside the first few fatals you work, or thinking how the dead kids on the pavement look to be about the same age as your kids.

No… we shouldn’t need the government to tell us that alcohol and driving doesn’t mix; but we do.

If the alcohol didn’t make it to the driver, it wouldn’t even be an issue. But that just isn’t what happens in real life.

Of course I always gave the driver the benefit of the doubt. I asked him to blow; if he refused he went to jail. It’s that simple.

[Major Kong]

Helping cut screaming kids out of cars and then watching them die will cause you to have that opinion.

So will puking at the roadside the first few fatals you work, or thinking how the dead kids on the pavement look to be about the same age as your kids.

I'm not sure how a non-driver having a drink will cause kids to die. I also haven't seen anyone defend the position that drinking and driving is a good idea.

[G27]

Helping cut screaming kids out of cars and then watching them die will cause you to have that opinion.

So will puking at the roadside the first few fatals you work, or thinking how the dead kids on the pavement look to be about the same age as your kids.

No… we shouldn’t need the government to tell us that alcohol and driving doesn’t mix; but we do.

If the alcohol didn’t make it to the driver, it wouldn’t even be an issue. But that just isn’t what happens in real life.

Of course I always gave the driver the benefit of the doubt. I asked him to blow; if he refused he went to jail. It’s that simple.

Wow, straight to the 'it's for the children' defense.

Man, I don't envy your gig, but your stance here is just like the anti-gun lobby.

I mean, do you really think an open-container law will stop a jackass from drinking and driving? AKA do you really think a circle-slash gun sign will keep a criminal from bringing a gun into a business?

[mikegideon]

Wow, straight to the 'it's for the children' defense.

Man, I don't envy your gig, but your stance here is just like the anti-gun lobby.

I mean, do you really think an open-container law will stop a jackass from drinking and driving? AKA do you really think a circle-slash gun sign will keep a criminal from bringing a gun into a business?

Does kinda sound that way. I carry a whiskey flask in my glove compartment frequently. Has nothing to do with drunk driving, but qualifies as an open container.

[perstare]

Wow, straight to the 'it's for the children' defense.

Man, I don't envy your gig, but your stance here is just like the anti-gun lobby.

I mean, do you really think an open-container law will stop a jackass from drinking and driving? AKA do you really think a circle-slash gun sign will keep a criminal from bringing a gun into a business?

I agree, the law in question, and the circle-slash gun sign, will not **prevent.** But the existence of such things might (maybe, possibly...) *discourage.*

We're on the slippery slope of being satisfied with partial results. There will always be crime and drugs and drinking and dying... But maybe with the laws/gun sign, these might be reduced.

[mikegideon]

I agree, the law in question, and the circle-slash gun sign, will not **prevent.** But the existence of such things might (maybe, possibly...) *discourage.*

We're on the slippery slope of being satisfied with partial results. There will always be crime and drugs and drinking and dying... But maybe with the laws/gun sign, these might be reduced.

Good point, Mr. Bloomberg

[DaveTN]

Wow, straight to the 'it's for the children' defense.

Man, I don't envy your gig, but your stance here is just like the anti-gun lobby.

I mean, do you really think an open-container law will stop a jackass from drinking and driving? AKA do you really think a circle-slash gun sign will keep a criminal from bringing a gun into a business?

Make fun of it or dismiss it if you like; but I still have nightmares from it, and it’s been many years ago. You kinda get use to seeing adults killed; I don’t think anyone gets use to seeing the kids die.

And make no mistake about it; we are talking about something as deadly as blindly firing a high powered rifle down the street.

Open liquor has no place in a vehicle period (unless it’s a chauffeured vehicle like a bus or limo). Anymore than someone carrying has any business drinking… even one beer. Maybe I’m jaded by being the guy that got sent to the aftermath of those scenarios.

But hey…. I fully understand that the tin foil hat “government intervention†stand will be more popular here than common sense.

I support the groups like MADD for what they have done. I don’t see how that makes me like the anti-gun lobby; but if that makes you feel better go for it.

[I_Like_Pie]

© A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

So I could just park my car on the hill near the bar and coast home!?!?! Awesome!

[G27]

Make fun of it or dismiss it if you like; but I still have nightmares from it, and it’s been many years ago. You kinda get use to seeing adults killed; I don’t think anyone gets use to seeing the kids die.

And make no mistake about it; we are talking about something as deadly as blindly firing a high powered rifle down the street.

Open liquor has no place in a vehicle period (unless it’s a chauffeured vehicle like a bus or limo). Anymore than someone carrying has any business drinking… even one beer. Maybe I’m jaded by being the guy that got sent to the aftermath of those scenarios.

But hey…. I fully understand that the tin foil hat “government intervention” stand will be more popular here than common sense.

I support the groups like MADD for what they have done. I don’t see how that makes me like the anti-gun lobby; but if that makes you feel better go for it.

I think it's obvious you're unwilling to read what I'm saying without rationalizing your thoughts against what you've seen, but if you cannot see the parallel in your stance of 'the citizen cannot be trusted to his own devices', then, well, agree to disagree...

[DaveTN]

I think it's obvious you're unwilling to read what I'm saying without rationalizing your thoughts against what you've seen, but if you cannot see the parallel in your stance of 'the citizen cannot be trusted to his own devices', then, well, agree to disagree...

Really???

Is that the stance you want to take? Overbearing government thugs are stopping innocent people from being able to drink in a car… is that how you see it?

Do you have teenagers or ever been around them? They do stupid things and hopefully they will live through them. They need someone to make an attempt to help them live long enough to be able to make responsible decisions on their own. I wouldn’t care about the adult drunks and don’t care if they die, but unfortunately they usually don’t kill themselves; they kill us and our innocent family members.

I’m always willing to explain to young people about DUI, BAC, and all the things involved that both them and their parents don’t understand. It’s the least I can do.

My views are crystal clear. So if you are going to lobby for booze in cars, yes, we will have to disagree.

[G27]

I've been a teenager and guess what the laws did to keep me from drinking and driving - zilch.

I think you live in a fantasy land if you think the laws are going to stop people from being criminals.

But hey, libertarian folks like myself folks are generally misunderstood.

[Guest clownsdd]

call a cab. problem solved. I go to several functions yearly that I know I and my wife will drink, though not in excess. I call a cab, leave my gun at home and have a great time.

[G27]

call a cab. problem solved. I go to several functions yearly that I know I and my wife will drink, though not in excess. I call a cab, leave my gun at home and have a great time.

Sure - no one is advocating drinking and driving - I refuse to drive if I've had even a sip of alcohol.

[Fallguy]

call a cab. problem solved. I go to several functions yearly that I know I and my wife will drink, though not in excess. I call a cab, leave my gun at home and have a great time.

But why call a cab that you have to pay for if there is non-drinking driver/friend willing to chauffeur you around?

[DaveTN]

I think you live in a fantasy land if you think the laws are going to stop people from being criminals.

I guess if you are a kid that has already made up your mind you will probably be going to prison; laws won’t matter. But kids that have a good head on their shoulders will be influenced by the laws. Like you, they may not agree with them; but no one really cares what their thoughts are about it.

A DUI arrest use to not be a big deal; it is now. You can’t get a security clearance at many places if you have a conviction. And many employers won’t hire a person with a history of liquor problems.

[56FordGuy]

Really???

Is that the stance you want to take? Overbearing government thugs are stopping innocent people from being able to drink in a car… is that how you see it?

If it's illegal for a non driving passenger to have an alcoholic beverage, then that's pretty close to my opinion. Not really a hot issue right now, though.

Drinking and driving on a public roadway is stupid, and rightfully illegal. I don't believe anyone is arguing that point. However, a non-driving passenger is no different than a passenger in a chauffeured vehicle that you said was okay earlier. Neither one is driving.

The guy that's going to drink and drive is probably going to do it, regardless of the law allowing his buddy in the passenger's seat to have a beer or not.

[Mike.357]

Open container laws should be pretty cut and dry.

No open alcoholic beverages at all in the vehicle.

People should have enough self-restraint to wait until they get where they are going to drink and be responsible about it.

I agree open container laws should be cut and dry.

I disagree with no open alcoholic container in the vehicle. I may have a bottle of liquor. Drank it last week. Still some left. Going somewhere tonight so I pack it along. I am not drinking nor am I under the influence. So I am doing wrong by mearly transporting?

And say me and OS are going to SUNTZU's Dad's basement to hang out. I am tipping a forty. Am I such a danger that OS will cross the double yellow simply because I am having a beer? I don't think so.

The .gov should have enough restraint to enforce laws where people actually do harm rather than enforce laws because they assume I will cause harm.

Best thing is for the .gov to get the heck out of our lives.

You drive down the road, have a gun in the car. Is your passenger going to grab it and start shooting? Same reasoning.

[DaveTN]

But why call a cab that you have to pay for if there is non-drinking driver/friend willing to chauffeur you around?

Exactly.

I don’t wear a gun when I go out in the evening to dinner because I drink. My wife drives and I drink; I sometimes get drunk. Okay that isn’t true… I usually get drunk.

On a lighter note.. does anyone here watch Ma’s Roadhouse? Remember when she was getting in the car with her driving instructor and the guy asked her “What do you have there?†She said “My beer.â€

[Guest bhiers]

so is it legal in rutherford county for a passenger to have a open beer??????

[strickj]

I've been a teenager and guess what the laws did to keep me from drinking and driving - zilch.

I think you live in a fantasy land if you think the laws are going to stop people from being criminals.

But hey, libertarian folks like myself folks are generally misunderstood.

You're tight. Laws do not stop those that are intent on breaking laws from breaking laws.

I guess we should do away with all laws then?

[East_TN_Patriot]

Really???

Is that the stance you want to take? Overbearing government thugs are stopping innocent people from being able to drink in a car… is that how you see it?

Do you have teenagers or ever been around them? They do stupid things and hopefully they will live through them. They need someone to make an attempt to help them live long enough to be able to make responsible decisions on their own. I wouldn’t care about the adult drunks and don’t care if they die, but unfortunately they usually don’t kill themselves; they kill us and our innocent family members.

I’m always willing to explain to young people about DUI, BAC, and all the things involved that both them and their parents don’t understand. It’s the least I can do.

My views are crystal clear. So if you are going to lobby for booze in cars, yes, we will have to disagree.

But again, nobody here is advocating allowing anyone to drive a vehicle while drinking. You are talking about teens, but teens are already prohibited from possessing alcoholic beverages. This isn't about whether teens should drink alcoholic beverages. This isn't about letting drivers drink and drive. This is about responsible people being able to enjoy a drink while riding in a car as a passenger with no intent to drive at all. I've done it, many of the people I have worked with have done it, many of my friends have done it, and none of us suddenly went insane and caused a flaming car crash or experienced the driver suddenly losing control of their own behavior and drinking while driving. You have started the classic bleeding heart argument against anything seen as potentially harmful in order to "protect the kids."

The open container laws for passengers are an all-or-nothing assumption that it will make a difference between someone making the decision whether or not to drink and drive. In my 10 years of policing, I can't think of any incident where the open container law made any difference in the driver's decision to drink and drive. If they wanted to drink and drive, they did it. This is like saying that because a driver should text on their cell phone while driving, we need to outlaw all passengers from texting as well. This is coming from a traffic homicide investigator and DUI SFST instructor who has seen his fair share of fatal crashes and drunk drivers. Laws have been around for thousands of years and we have always had people who ignore them.

"One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation." - Thomas B. Reed (1886)

"Can our form of government, our system of justice, survive if one can be denied a freedom because he might abuse it?" – Harlon Carter

[G27]

You're tight. Laws do not stop those that are intent on breaking laws from breaking laws.

I guess we should do away with all laws then?

If I'm not mistaken, there's already a law against drinking and driving.

Or perhaps your straw man knows something I don't?