Law Bans Open Food, Drinks In Vehicles

WGAL (from Drudge) ^ | April 21, 2005 | AP

[beezdotcom]

FORT WAYNE, Ind. -- There's a problem with the open-container law in Fort Wayne.

Officials have discovered that the ordinance bans all open containers in vehicles -- not just containers of alcohol.

That means an open can of soda, or even an open bag of chips in the car, is technically against the law, and could be subject to a $50 fine.

[beezdotcom]

I hate these sorts of laws - either somebody is impaired, or not, and so what if there's a legal substance in the car. That being said, this one is probably a better law for safety, since I've seen people nearly wreck while driving and eating a Big Mac.

[beezdotcom]

Wonder if we'll see THIS thread again...

[So Cal Rocket]

I guess all the cops will have to turn themselves in for eating donuts in their police cruisers.

[End Times Sentinel]

That means an open can of soda, or even an open bag of chips in the car, is technically against the law, and could be subject to a $50 fine.

Wow, a $50 fine for having an open beer in the car?  I guess maybe it's worth it if it's a really long drive or something.  And come to think of it, it's not that easy to drive with a beer in one hand and my gun in the other, that's why I usually just use my knees.

Owl_Eagle

(If what I just wrote makes you sad or angry,

 it was probably sarcasm)

[PBRSTREETGANG]

Officials have discovered that the ordinance bans all open containers in vehicles...

That means that PASSENGERS can't have a soda or a bag of chips? Does a "sippy cup" qualify as an "open container"?

Brilliant.

[Publius6961]

Nobody has ever argued that people who write laws are the sharpest tools in the drawer.
But if citizens take it lying down, what does that make them?

[Jersey Republican Biker Chick]

"Does a "sippy cup" qualify as an "open container"?"

I will be damned if I am forced to put my beer in a sippy cup!!!

[Yo-Yo]

Here is the exact wording of the Indiana law:

§ 9-30-15-3. Open containers in passenger compartment -- Penalties

The operator of a motor vehicle who has an alcohol concentration equivalent to at least four-hundredths (0.04) gram of alcohol per one hundred (100) milliliters of the blood, or per two hundred ten (210) liters of the breath, and who, while the motor vehicle is in operation, knowingly allows a container:

(1) that has been opened;

(2) that has a broken seal; or

(3) from which some of the contents have been removed;

to be in the passenger compartment of the motor vehicle commits a Class B infraction. If a person is found to have a previous unrelated judgment under this section or a previous unrelated conviction or judgment under IC 9-30-5 within twelve (12) months before a violation that results in a judgment under this chapter, the court may recommend the person's driving privileges be suspended for not more than one (1) year.

Note two things here:

1) If the driver has a blood alcohol level less than .04, then it doesn't matter, drink away. That includes beer, wine or mixed drinks! (Google "Indiana open container law" and you'll find lots of blogs that talk about this.)

2) The law doesn't say open container of 'alcohol', it just says open container, so if the driver has a blood alcohol level of .04 or higher, he can be busted for having an open container of milk.

I wouldn't sweat it at all, because the intent of the legislature is very clear in the title of the law, which is

TITLE 9. MOTOR VEHICLES
ARTICLE 30. GENERAL PENALTY PROVISIONS
CHAPTER 15. OPEN ALCOHOLIC BEVERAGE CONTAINERS;
CONSUMPTION OF ALCOHOL IN MOTOR VEHICLES

So any judge would throw out the case if the driver blew a .04 and the only open container was a Pepsi.

This is the kind of law that lets people write outrageous headlines like "Did you know that it is illegal to drink milk in a car in Indiana on Sundays?"

[beezdotcom]

1) If the driver has a blood alcohol level less than .04, then it doesn't matter, drink away. That includes beer, wine or mixed drinks!

Wow, that's WAY different than here in Virginia. That's a little more sane.