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Open Container - Washington State? (CRIMINAL LAW & PROCEDURE)

Sun, 11 Dec 2005 12:53:00 GMT

Hi there,

Found this site and decided to tap the wealth of information. My uncle received an open container ticket in Nov. in Washington state. He drives a conversion van with a bed in it. The cop pulled him over for speeding and noticed a beer can in the trash bag of the van. He was asked to perform sobriety tests and passed (as he had not had a drop to drink). He has no priors, but has a commercial license and is concerned about the repurcussions. The can was really someone else's from a previous camping trip.

My question stems from the exclusion of open containers in motor homes and the such. Does a conversion van qualify? Is it a valid ticket or does he have a legitimate argument in his favor? The cop did not write a speeding ticket...just the open container...does that bring up any probable cause issues?

Thank you kindly in advance for your time,
Dominic

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  • Mon, 02 Jan 2006 20:38:00 GMT(1)
  • I meant to say also you need to see if the ticket was for a local container law or a state container law, then argue the legislative intent in writing the tickets was not for a situation like this.
  • Mon, 02 Jan 2006 20:36:00 GMT(2)
  • Consult a local traffic attorney as it depends on the law that the ticket was written under. Usually, it is a visible open alcohol container, but I think an argument can be made that an alcohol container in a trash can in the car where the driver was not drunk and had no indications that the driver had been drinking is not what the container law exists for.
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