Alcohol & Drugs: DUI, DWI Open empty whiskey bottle in glove compartment
- Thread Starter gmfod
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mightymoose
Moderator
How did police find a bottle in the glove box?
Having found one they could issue a citation for the open container. Police could also do a limited search of the rest of the passenger area to locate additional contraband. There should never be an open container accessible in the passenger area.
Volunteering for a breath test is irrelevant. The offense is the possession of the open container. Not all police carry equipment for breath test anyway.
Having found one they could issue a citation for the open container. Police could also do a limited search of the rest of the passenger area to locate additional contraband. There should never be an open container accessible in the passenger area.
Volunteering for a breath test is irrelevant. The offense is the possession of the open container. Not all police carry equipment for breath test anyway.
mightymoose
Moderator
They wouldn't be able to get into locked containers, purses, backpacks, or the trunk (unless you gave permission, which people inadvertently do all the time because police are tricky).
The scope of their search would be the immediate passenger area that is accessible to the occupants of the car.
The scope of their search would be the immediate passenger area that is accessible to the occupants of the car.
Betty3
Well-Known Member
Why were you stopped by the police in the first place that you needed to get out registration?
I was driving down the highway at about 1am there where no cars on the road. I needed to stop at gas station for munchies, top off fuel, use the bathroom and get a pop. I turned on turn signal and turned my head to look and there was no cars behind me but one car that was the police officer on the driver side slightly behind me. I crossed to the right over one lane and then another because it was safe to do so(no cars in the lanes) and I was pulled over for not turning on my turn signal 200 feet before changing lanes.
Betty3
Well-Known Member
You might want to talk to a lawyer re your ticket for improper turn & if you got a citation for open container & see what he/she might be able to do for you.
mightymoose
Moderator
If it happened as you say you might have some success in fighting this... maybe reducing the offense at the least. The stop sounds pretty week- at least how you describe it. Using turn signals as you turn onto a roadway is different than signaling lane changes while in your lane.... and even then if there was no traffic to be effected by your lane change then it may be moot. A good attorney will help you sort it out.
disagreeable
Well-Known Member
If the whiskey bottle was 100% empty and contained no liquid, it was not an open container, it was an empty whiskey bottle. I got a 2fer. I just posted these on another site. Note these are court decisions from WI and GA your lawyer will still need to make the argument.
http://scholar.google.com/scholar_c...+beverage+container+empty&hl=en&as_sdt=ffffff ffffffe04
http://scholar.google.com/scholar_c...beverage+container+empty&hl=en&as_sdt=fffffff fffffe04
http://scholar.google.com/scholar_c...+beverage+container+empty&hl=en&as_sdt=ffffff ffffffe04
http://scholar.google.com/scholar_c...beverage+container+empty&hl=en&as_sdt=fffffff fffffe04
mightymoose
Moderator
The language of the Illinois statute includes an empty bottle as an open container. Unless it is a bus or limo, any container with a broken seal has to be in the trunk, not in the passenger area.
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