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Maybe you'd like to tell us what the legalities of open containers and underage drinking has to do with iPhones. Maybe next we should discuss the best brand of car to use while driving to the apple store.
 
NOT saying what I'm about to tell you is okay, and @sexybeast I only quoted you because you said you were a cop and I thought you might find it interesting... but @Dan in PA you never know, lol. In my apartment, one night I had about 4 people over 2 guys/2 girls and we were being extremely loud I guess (not normal behavior for me because I usually have respect for people around me...ANYWAY) next thing I know there is a knock on the door. It was a guy with a white tshirt on, badge around his neck, gun on his hip and whatever that stick "thing" is that they carry around... He asked how old we all were and told us to get our ID's... He asked whose house it was and I said mine and told him that my ID was in the car but I am only 19... (I was at the time) he said "look, y'all can drink and have fun, but you NEED to be quiet... management is VERY particular here about noise and disturbances... you live in a nice gated community and should know what is too loud..blah blah etc." and told us to have a good night...

Yes, I got lucky, I know... My friends are going to be pissed when I say no, lol... but they'll understand.



Really, will that be okay, I can't tell if your being sarcastic or not, hah.

A lot of cops let young adults get away with this kind of stuff when they keep it inside and secure. They don't overlook it when you bring it out into public and especially not on the roadway.
 
A minor does not need to be past the legal limit to receive a DUI. For that matter, not even an adult has to be past the legal limit to receive a DUI. For a minor an open container in the car is enough for the officer to prove that he had been drinking (even if he didn't even take a sip). Again, any minor who consumes ANY AMOUNT of alcohol and then opperates a motor vehicle will receive a DUI. You will at least spend the rest of the night in jail, possibly more.
 
If he is not drinking and he blows .00 what is the problem? we already know he will get a ticket are you saying its more serious?

A minor doesn't have to blow. They can use probable cause because any amount of alcohol on a minor is considered illegal (short of parental consent drinking in a designated area).

If he gets pulled over with an open container, my guess is at least a loss of license, a ticket, and a court date ending in probation and loss of license for some months.
 
I'm guessing the problem is that most cops will want to leave an impression that sticks with this guy the rest of his life.

I know if I was "traveling" locally it wouldn't be a problem... I work in an ER and we have decals on the back of our cars... I can't tell you how many times I've been flooring it to work and have a cop fly up behind me with his lights on, ride me for a minute, turn his lights off and speed around me. I call it the golden ticket :D lol.

Again, to everyone who is going to try to lecture me, I know the following.

1) it won't always work
2) it's not fair (yes, but this is just kind of how things work)
3) I'm not above the law
4) I can't get away with anything just because I have a stupid sticker on my car.
 
As for cops overlooking it, there is a huge difference between a bunch of underage college kids drunk at a party and a bunch of drunk people in a moving vehicle. Even if the driver is not drinking, the rest of the passengers can affect the driver and cause him to not opperate the vehicle safely and endanger everyone else on the road. No cop would let this go.
 
Reread the post above from the police officer. It does not matter what he blows. Open containers = fault of the driver, period. Underage DUI.

Also, Estoril blue...Nice :D

You bet Estoril 98 M3/4/5 ;)

It's still illegal. Most cops wouldn't go for that.

It's been established that it is illegal and that he will get a fine, but he will not get a DUI nor get car towed or impounded, they are misdemeanor offenses as long as he is only in possession and not drinking.

Minor In Possession Of Alcohol Penalties
Since minors are the only individuals that can be found guilty of the minor in possession of alcohol charges, the first time penalties tend to be more focused on education and correction rather than severe punishment. Subsequent charges will have progressively harsher penalties.
Possible Penalties

1.Fines of up to $500
2.Suspension of driver's license
3.Mandatory alcohol and drug awareness classes
4.Probation
5.Community service

In most situations with a charge of a minor in possession of alcohol the judge will want to make a significant impact on the individuals understanding of the consequences of alcohol consumption. As such community service and mandatory classes are almost always included in the sentence, as is probation rather than jail time, especially for first offenses. Attorneys can work with the individual to ensure they get the lowest possible sentence but also become aware of the significance of the charge. In repeat charges the judge may impose jail time and may increase the fines, community service hours as well as revoke the driver's license until age 21.

The important thing to take away ia that it's not a good idea (obviously), but most likely you will just get two tickets.
 
NOT saying what I'm about to tell you is okay, and @sexybeast I only quoted you because you said you were a cop and I thought you might find it interesting... but @Dan in PA you never know, lol. In my apartment, one night I had about 4 people over 2 guys/2 girls and we were being extremely loud I guess (not normal behavior for me because I usually have respect for people around me...ANYWAY) next thing I know there is a knock on the door. It was a guy with a white tshirt on, badge around his neck, gun on his hip and whatever that stick "thing" is that they carry around... He asked how old we all were and told us to get our ID's... He asked whose house it was and I said mine and told him that my ID was in the car but I am only 19... (I was at the time) he said "look, y'all can drink and have fun, but you NEED to be quiet... management is VERY particular here about noise and disturbances... you live in a nice gated community and should know what is too loud..blah blah etc." and told us to have a good night...

Yes, I got lucky, I know... My friends are going to be pissed when I say no, lol... but they'll understand.






That's nice. If you're going to (use reason and) say no, it's also totally irrelevant.
 
I know if I was "traveling" locally it wouldn't be a problem... I work in an ER and we have decals on the back of our cars... I can't tell you how many times I've been flooring it to work and have a cop fly up behind me with his lights on, ride me for a minute, turn his lights off and speed around me. I call it the golden ticket :D lol.

It's called "Professional Courtesy". For example, if I pulled someone over who was in law enforcement, fire dept, ext(the DMV block on the plates would alert me to this) I could let him off with a warning. It happens all the time. It's still not an excuse to drive however you want.
 
If he is not drinking and he blows .00 what is the problem? we already know he will get a ticket are you saying its more serious?

Meh...with all the fumes, he probably won't blow a .00, and ditto to what others have said regarding this comment...

OT, but nice username, I have an Interlagos e46 M3 :D
 
Thanks for all the help guys, I'm just going to tell the to tough it out, haha.

Since we're all having fun quoting the forum rules... allow me:



Maybe you'd like to tell us what the legalities of open containers and underage drinking has to do with iPhones. Maybe next we should discuss the best brand of car to use while driving to the apple store.

It's more than relevant. I'm going to the iPhone launch, what would happen if I do (this)... I don't want to miss the launch by getting caught up in a big mess... I have a clean recored, it's not the tickets I care about... I just DON'T want to miss the launch... Furthermore, you didn't add any relevance or help to my post either so aren't you going against forum rules... we could do this forever, lets stop. ;)
 
Meh...with all the fumes, he probably won't blow a .00, and ditto to what others have said regarding this comment...

OT, but nice username, I have an Interlagos e46 M3 :D

I've always liked the Saloons! :p Thankfully they brought them back. No more Estoril though, Atlantis looks ok though.
 
It's been established that it is illegal and that he will get a fine said:
In law enforcement, it's all about what the officer can prove. He would get charged with a DUI. It's then up the the DA to make the charge stick. It would be hard for a judge to believe that in a car with everyone else drunk that the driver didn't at least take a sip of alcohol.
 
seriously? u need more grown up friends that don't need to drink on a ****ing drive to an Apple store.

Either go to the Apple store or get the phone on a later date. Life is about making smart choices, and having your friends drink while you drive isn't a smart choice at all.
 
It's called "Professional Courtesy". For example, if I pulled someone over who was in law enforcement, fire dept, ext(the DMV block on the plates would alert me to this) I could let him off with a warning. It happens all the time. It's still not an excuse to drive however you want.

I never (okay NO more than 5-7 over) speed on "normal" roads and highways... but the speed limit on 110 is 50MPH?? With all do respect... NOT GONNA HAPPEN... It's a freakin interstate I have no idea what they are thinking...

seriously? u need more grown up friends that don't need to drink on a ****ing drive to an Apple store.

Either go to the Apple store or get the phone on a later date. Life is about making smart choices, and having your friends drink while you drive isn't a smart choice at all.

It's almost 4 hours there and 4 hours back... Please don't judge my friends when you don't know them... I make smart (enough) choices... I don't need someone to tell me how to live... I just wanted to know what would happen in this situation... If I didn't have a little bit of sense I would not have come on here over a week in advance trying to figure this stuff out. But thanks.
 
You bet Estoril 98 M3/4/5 ;)



It's been established that it is illegal and that he will get a fine, but he will not get a DUI nor get car towed or impounded, they are misdemeanor offenses as long as he is only in possession and not drinking.

QUOTE]

In law enforcement, it's all about what the officer can prove. He would get charged with a DUI. It's then up the the DA to make the charge stick. It would be hard for a judge to believe that in a car with everyone else drunk that the driver didn't at least take a sip of alcohol.

A DUI on what grounds? if you blow .0 there is no way an officer could possibly charge the driver with a DUI. Is it guilt by association with the passenger? lmao.

if he did blow something anything (even .01) yes DUI. but otherwise im very skeptical? can you link something that says otherwise?

Any of you bimmer guys on bf.c or e90post? etc?
 
A DUI on what grounds? if you blow .0 there is no way an officer could possibly charge the driver with a DUI. Is it guilt by association with the passenger? lmao.

if he did blow something anything (even .01) yes DUI. but otherwise im very skeptical? can you link something that says otherwise?

Exactly what I was thinking.
 
The title of this totally made me laugh.

I'm pretty sure your friends can last the ride without drinking. And plus you're going to be in New Orleans right after... why not wait for the night to drink and party:D
 
A DUI on what grounds? if you blow .0 there is no way an officer could possibly charge the driver with a DUI. Is it guilt by association with the passenger? lmao.

if he did blow something anything (even .01) yes DUI. but otherwise im very skeptical? can you link something that says otherwise?

Any of you bimmer guys on bf.c or e90post? etc?

You don't seem to get it. When alcahol and minors are involved, burden of proof falls away. There's zero tolerance where minors and alcahol are mixed.
 
I never (okay NO more than 5-7 over) speed on "normal" roads and highways... but the speed limit on 110 is 50MPH?? With all do respect... NOT GONNA HAPPEN... It's a freakin interstate I have no idea what they are thinking...



It's almost 4 hours there and 4 hours back... Please don't judge my friends when you don't know them... I make smart (enough) choices... I don't need someone to tell me how to live... I just wanted to know what would happen in this situation... If I didn't have a little bit of sense I would not have come on here over a week in advance trying to figure this stuff out. But thanks.

fair enough. You do sound like a smart dude. My bad on judging your friends. But I'm just saying, even if there is no DUI, just the fact that you would have to deal with a cop when there are college kids, alcohol, and driving involved I would stay away from that situation.
 
I've always liked the Saloons! :p Thankfully they brought them back. No more Estoril though, Atlantis looks ok though.

Saloon? It's an '06 coupe :).

and yeah, e46fanatics, but I never really go on there lol.

And @ Dan, you better not have a beige interior!!



But, yes OP, I advise you to not let them drink in the car. And then I won't get reported.
 
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