imported post
LEO 230 wrote:
OK.. The original question was if you "buy a 6-pack of beer and drive home with it in the passenger compartment" will it be a problem. I advised this was legal as long asnone were opened. In regards to passengers drinking... they could but only if the driver has not had ANYTHING to drink.
The state code reads "A rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section..." so even if the driverhad been drinking but not to beDWI... he could be charged for the open container of a passenger. So if you plan to drink as a passenger.. make sure your designated driver has not.
Another user remarked about a corked bottle of wine from a restaurant and a receipt. Technically... the bottle is no longer sealed from the factorybut it is not easily opened unless happen to have a corkscrew with you. I consider it sealed. You will not get into any trouble here.
The code does not specify that the driver needs to be observed actually drinking from the container. You even pasted the code but failed to read it. The textrebuttable presumption means it can be argued thatyou did not doit! You can still be charged as the driver.
Presumptions that are ‘rebuttable’, which means that person against whom the presumption applies must present evidence to the contrary, in order to nullify the presumption.
LEO 230 wrote:
Mike, you are indeed correct (almost -- just on the fine part), and it further shows that LEO 229 and his fake "ask a LEO" is a bunch of crap. His "if you have a receipt you're good to go" is not supported by VA code. He plays a cop during his dreamtime.
As stated in the code, there is a rebuttable presumption that the driver has been drinking if there is an open container present. Again, not drinking, the open container is not a problem. And by definition, PASSENGERS cannot be convicted of "Drinking while operating a motor vehicle.
OK.. The original question was if you "buy a 6-pack of beer and drive home with it in the passenger compartment" will it be a problem. I advised this was legal as long asnone were opened. In regards to passengers drinking... they could but only if the driver has not had ANYTHING to drink.
The state code reads "A rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section..." so even if the driverhad been drinking but not to beDWI... he could be charged for the open container of a passenger. So if you plan to drink as a passenger.. make sure your designated driver has not.
Another user remarked about a corked bottle of wine from a restaurant and a receipt. Technically... the bottle is no longer sealed from the factorybut it is not easily opened unless happen to have a corkscrew with you. I consider it sealed. You will not get into any trouble here.
The code does not specify that the driver needs to be observed actually drinking from the container. You even pasted the code but failed to read it. The textrebuttable presumption means it can be argued thatyou did not doit! You can still be charged as the driver.
Presumptions that are ‘rebuttable’, which means that person against whom the presumption applies must present evidence to the contrary, in order to nullify the presumption.