So it's illegal NOT to listen to the LEO at checkpoints?

MAC702 said:

Is it illegal to have spilled beer all over your floor and upholstery?

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Since open containers in a vehicle are illegal, couldn't they do some cause and effect bullcrap to say you obviously had an open container at one point and therefore they have probable cause to check for one now?

jfrey123 said:

Since open containers in a vehicle are illegal, couldn't they do some cause and effect bullcrap to say you obviously had an open container at one point and therefore they have probable cause to check for one now?

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I don't think it is an absolute. You cannot operate a motor vehicle with an open container. And, it hasn't always been that way. It was in the 90's (I think) when the NV law changed to prohibit people in the passenger compartment from having an open container. I recall a trip to vegas as a passenger, with a coors party ball in the trunk, tap passed through for us non-drivers; the last weekend before the law changed.

wrightme said:

...You cannot operate a motor vehicle with an open container...

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Correct. In fact, you can't be sitting in the car with the keys in the ignition even if you are parked with engine off. I don't know it this only applies on a public road, but it may apply in parking lots as well. But there is nothing illegal with "spilling" beer all over yourself, your upholstery, and your carpet. Just make sure you spill it all, so there is nothing left in an open container.

Side question, how does the "open container" thing work with non-beer alcoholic beverages. After all, it's quite common to not drink an entire bottle of liquor. Are you now prohibited from transporting that bottle after it has been opened? Or does screwing the cap back on count as a closed container? And while not as effective, how would this work with cheap bottled beer which has twist-off caps that can mostly be twisted back on if you try hard enough?

Here the statute:

NRS 484B.150 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

1. It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(b) “Open container” means a container which has been opened or the seal of which has been broken.
(c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

(Added to NRS by 1971, 315; A 1991, 838; 2003, 3246)—(Substituted in revision for NRS 484.448)

If the seal is cracked, it needs to go in the trunk. As long as it's not in the passenger compartment. In an RV or travel trailer, it must be in the "living quarters".

Thank you for that. Interesting.

I'll add that it is the "in actual physical control of a motor vehicle" part that is used if you are sitting in the driver's seat, even if the engine is off. Good to know it also says "highway."

MAC702 said:

Good to know it also says "highway."

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I was too the first time I read it. Apparently all the good ol' boy four wheelers have been abiding by the law when they hit the trail and crack open a beer.


Back to topic, I think the cops tend to use the "failure to follow my order" to obtain compliance. They have to know the law says "lawful" order, and they seem to leave that word out when ordering someone to do something.

I'm sure much of law enforcement skims over the statute and misses the "highway" part too.

Please, no shenanigans with the pre-spilled beverages. That only makes us look like we're seeking a confrontation. Plenty of us have been accused of drinking and driving, even driving under the influence of alcohol, in the complete absence of alcoholic beverages or alcohol in our bloodstreams. Just asserting your right to remain silent and your right to privacy is enough to get you arrested for DUI. With enough of these false arrests, we can end these roadblocks with an injunction.

Ok, thanks for all the input. Another question. Do I have to show license and registration during a checkpoint stop? I noticed the last checkpoint resulted in those kind of tickets. If those are asked for do I have to roll down my window more than a crack at that point?

In the minds of the trained chimps that collect overtime at these roadblocks, you must do anything they say, without delay, or you are obstructing a public officer. Case law isn't settled on the other questions. Almost certainly you have to produce zee papers. One would think Harnisch and Ramet have settled it, but they haven't been applied to a roadblock case, yet.

renoglock22 said:

Ok, thanks for all the input. Another question. Do I have to show license and registration during a checkpoint stop? I noticed the last checkpoint resulted in those kind of tickets. If those are asked for do I have to roll down my window more than a crack at that point?

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Well.... that depends.
Driver's License:
http://leg.state.nv.us/NRS/NRS-483.html#NRS483Sec350

NRS 483.350 License to be carried and surrendered upon demand; limitation on conviction. Every licensee shall have his or her driver’s license in his or her immediate possession at all times when driving a motor vehicle and shall manually surrender the license for examination, upon demand, to a justice of the peace, a peace officer, or a deputy of the Department. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to the person and valid at the time of the demand.

[Part 20:190:1941; A 1953, 191; 1955, 65]—(NRS A 1969, 544)

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When you are driving, you are required to manually surrender it. But, if you don't, and subsequently present it in court or at the police station (office of the AO), they cannot convict you under NRS 483.350.

So, no, but you will have to show it later.

Registration:
http://leg.state.nv.us/NRS/NRS-482.html#NRS482Sec255

NRS 482.255 Placement of certificate of registration; surrender upon demand of certain persons; limitation on conviction.

1. Upon receipt of a certificate of registration, the owner shall place it or a legible copy in the vehicle for which it is issued and keep it in the vehicle. If the vehicle is a motorcycle, trailer or semitrailer, the owner shall carry the certificate in the tool bag or other convenient receptacle attached to the vehicle.

2. The owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration or the copy for examination to any peace officer, including a constable, or a justice of the peace or deputy of the Department.

3. No person charged with violating this section may be convicted if the person produces in court a certificate of registration which was previously issued to him or her and was valid at the time of the demand.

[Part 10:202:1931; A 1947, 453; 1943 NCL § 4435.09]—(NRS A 1969, 139; 1983, 1030; 2009, 3014)

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So, similarly, no, but.

As I understand this, you are required to manually surrender both upon demand. If you don't, you will likely have to go to court to show. AND, I do believe they CAN actually arrest you for the offense. In other words, they may simply write a ticket, but IIRC, even a traffic offense can entail an arrest if the LE chooses.

wrightme said:

AND, I do believe they CAN actually arrest you for the offense. In other words, they may simply write a ticket, but IIRC, even a traffic offense can entail an arrest if the LE chooses.

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Yes, but, see State v. Bayard (2003)...

an officer has discretion to arrest an individual or issue the individual a traffic citation for committing a traffic violation.   The officer's discretion is not unfettered, however, and may be abused if exercised in an unreasonable manner.   We further conclude that if an officer abuses his discretion, the resulting arrest is in violation of Article 1, Section 18 of the Nevada Constitution.

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The Sparks city attorney went so far as to send a memo to the police department about it.

Yard Sale said:

Yes, but, see State v. Bayard (2003)...



The Sparks city attorney went so far as to send a memo to the police department about it.

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What was the specific charge?