Student Driver Placement

December 2012

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Law 101 Trucking by Jim C. Klepper - Attorney at Law 800-333-DRIVE www.interstatetrucker.com www.driverslegalplan.com Busted for Open Container concert she attended. How serious is this ticket and will it go on her driv- My Bob A. Bob, you have not given me many facts to advise you so I will be very gen- eral in the answers I give. First of all an Open Container violation refers to a container of a drink containing alcohol, such as beer, wine or spirits. It will not apply to non-drinks such as rubbing al- cohol. Most cities and states prohibit hav- ing or consuming an open container of alcohol in public such as streets and sidewalks. Depending upon your juris- diction, football games for collage pro- hibits alcohol in the stadium, however professional football allows it. That is because the National College Athletic Association (NCAA) controls college and National Football League (NFL) controls the professionals in addition to the local ordinances. Cities have the open container laws to prevent accidents and prevent peo- ple being drunk in public and rowdy behavior. Some cities do allow open daughter was given a ticket for having an Open Container at a containers on the sidewalks, such as Las Vegas Strip (think gambling and shows) and New Orleans French Quar- ter (think Mardi Gras). They passed city ordinances to promote the tourist coming to their cities. I have been to both cities many times and the taxi driv- ers complain of drunks wandering into the streets, getting sick in the taxi and An open container law limits when and where people can drink alcohol in usually something very similar to "any place, building, or conveyance to which the public has or is permitted access." a. Public sidewalk b. Inside your personal parked car, if on a public street or right-of-way c. Parking lot d. School property e. Residential neighborhood f. The front steps/porch of your apart- ment building The common sense test of a public place for me is "can you be charged with trespass if you go there". One way to 10 www.studentdriverplacement.com December '12 consumption of alcohol. differently in many jurisdictions but is of public place include;

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