Consuming alcohol as a passenger in a vehicle

S

-|Sean|-

Likes Dirt
What's the deal? I've been searching for the past 30mins, and I'm yet to find anything conclusive about it's legality.

I've heard of open-container laws, but again, can't find anything about which states these apply to/what the stipulations are.

Anyone have any experience with this?
 
Breaka

Breaka

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I'm not entirely sure about this one. You'd be pretty unlucky if you got hit for a fine or whatever for doing so though I reckon.
 
milkybarkid

milkybarkid

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Well last year a police officer came to our school to give us one of those routine chats and we basically drove her insane with questions..

I remember this particular one because I thought it was strange at the time.

She said that anyone drinking in a car was illegal due to the fact that drinking in an unlicensed, public area is illegal. Apparently your car is classified as a public area.

I am to be in no way held responsible for the accuracy of this information as it came from a school-based cop who gets paid less than a teacher...:rolleyes:
 
NSR

NSR

Likes Dirt
milkybarkid said:
Well last year a police officer came to our school to give us one of those routine chats and we basically drove her insane with questions..

I remember this particular one because I thought it was strange at the time.

She said that anyone drinking in a car was illegal due to the fact that drinking in an unlicensed, public area is illegal. Apparently your car is classified as a public area.

I am to be in no way held responsible for the accuracy of this information as it came from a school-based cop who gets paid less than a teacher...:rolleyes:
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I'm pretty sure that the driver of a vehicle can consume alcohol in the vehicle, as long as they aren't over the limit, so that would mean passengers could either way...:confused:
 
S

-|Sean|-

Likes Dirt
How do people even get pulled up on it anyway? There'd basically have to be a cop car driving beside/right behind you watching, and even then, it's still pretty discreet having a drink....
 
milkybarkid

milkybarkid

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-|Sean|- said:
How do people even get pulled up on it anyway? There'd basically have to be a cop car driving beside/right behind you watching, and even then, it's still pretty discreet having a drink....
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Correct. Solution = hide your drinks when the cop pulls you over. It would be VERY unlucky to get booked for it..
 
John U

John U

MTB Precision
I think it's OK as long as you're not being a dickhead about it. I have done it plenty of times (road trip anyone?) and never got into any trouble over it. This however is coming from a common sense point of view not a legal perspective.

I do know that Canada has a law stating that no alcohol is allowed in the cabin whether open or not. This rule would make the law easier to police. The fact that this law stood out to me so much when I was over there made me think that the laws were a lot more relaxed here.
 
Nabdaddy

Nabdaddy

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And apparently its not counted as drinking in public if there is a paper bag covering the bottle... just what i've heard. Don't know how true it is.
 
Morgan123

Morgan123

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Nabdaddy said:
And apparently its not counted as drinking in public if there is a paper bag covering the bottle... just what i've heard. Don't know how true it is.
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I'm not sure about at night but during the day it's true, especially in the morning.
 
scblack

scblack

Leucocholic
You know what I think?

I think a lot of kids are posting in this thread who do not have a clue what they are talking about. Not the faintest idea.......:rolleyes:
 
L

Lube

Likes Dirt
NSR said:
I'm pretty sure that the driver of a vehicle can consume alcohol in the vehicle, as long as they aren't over the limit, so that would mean passengers could either way...:confused:
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A driver of a vehicle cannot drink alcohol while driving, even if they are under the limit. It is considered dangerous driving and you can get booked for it.
 
Slowman

Slowman

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Matt3134 said:
Counts as consuming alcohol in public (in Victoria).
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So all Christmas BBQs are illegal except the Moremon ones!

Yes it is illegal to drink in public, but it goes on all the time. Most picnics involve some alcohol, after football games, street BBQs, the list goes on. The simple truth is the police choose not to police these things unless there are complaints.

What constitutes "public" is not so simple. If your car is a public space then it is legal for all and sundry to enter and sit in your car....I don't think so! It is private property, I'd say that makes it a private space unless there are specific laws in each state that define drinking in a car on a public road the same as drinking in public. It would have to be by legislative definition, I cannot see how it could be a rule from case law. The default position is for judges to construe the widest freedoms possible where laws grant rights and to construe laws that restrict freedom as narrowly as possible. There is of course a myriad of interpretation statutes that complicate that position but it is still there at the heart of it.
 
niftydog

niftydog

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John U said:
I think it's OK as long as you're not being a dickhead about it.
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I'd love to be a fly on the wall when you try that defence! :D

But there is some truth in it - if you're being a prick or you're just plain unlucky then a police officer will try very hard to come up with something to nick you for. They are amazingly creative, especially at this time of year.

Go to your state governments website and search for the "liquor act" or similar then search that document for phrases like "public places" etc. Seems it could be construed as illegal in Vic and Qld from my quick search.
 
Breaka

Breaka

Likes Bikes and Dirt
scblack said:
You know what I think?

I think a lot of kids are posting in this thread who do not have a clue what they are talking about. Not the faintest idea.......:rolleyes:
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Well you haven't entirely come through with an answer either have you?
 
M

Matt3134

Cannon Fodder
Slowman said:
So all Christmas BBQs are illegal except the Moremon ones!

Yes it is illegal to drink in public, but it goes on all the time. Most picnics involve some alcohol, after football games, street BBQs, the list goes on. The simple truth is the police choose not to police these things unless there are complaints.

What constitutes "public" is not so simple. If your car is a public space then it is legal for all and sundry to enter and sit in your car....I don't think so! It is private property, I'd say that makes it a private space unless there are specific laws in each state that define drinking in a car on a public road the same as drinking in public. It would have to be by legislative definition, I cannot see how it could be a rule from case law. The default position is for judges to construe the widest freedoms possible where laws grant rights and to construe laws that restrict freedom as narrowly as possible. There is of course a myriad of interpretation statutes that complicate that position but it is still there at the heart of it.
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I never said it didn't go on, I'm just telling you if a cop pulls you over in Victoria and you've got a nice can of Jim Beam in your hand, you're in trouble.

And no, your car is on public property. By your logic you could get a cardboard box, put it on the beach, get blind in it and say its not public property because its your box, not the councils.
 
M

MMelissa

Likes Bikes
I'm not a criminal lawyer but I've briefly looked into this and can't find anything that says its illegal to consume alcohol as a passenger of a vehicle in Qld.

The legislation in Queensland that looks at vehicle offences involving liquor or other drugs is section 79 of the TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995.

This is part of what it says:

79 Vehicle offences involving liquor or other drugs
(1) Offence of driving etc. while under the influence

Any person who while under the influence of liquor or a drug--

(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.

************************************

I looked to see whether it extended to passengers. It didn't. Thinking logically, I doubt limos would be allowed to have mini fridges packed with alcohol if there was a law against consumption of alcohol in vehicles. Its a pretty regulated industry.

Again, not 100% sure on this but I can't find a section of the legislation prohibiting it and this Act covers all other offences related to drugs and alcohol involving vehicles in Qld.
 
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