Well anyway long story. I had checked the highway patrol's website today when I got another ticket this afternoon.

I was out tonight riding with some buddies and we had all been drinking. The driver had 2 beers earlier (before we left) and we (the passengers) all had open cans. Having open containers is legal as long as the driver hasn't had a drop, but it had been an hour and we all thought he was good because he's a pretty big guy. We were riding in a 4runner and I remembered from the website

Quote :

""Passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. In the case of a station wagon, hatchback or similar vehicle, the area behind the last upright back seat is not considered part of the passenger area. "

We all threw beer in back when trooper was pulling us over. I told my buddy about the rule real quick. Trooper said he smelled alcohol on his breath and made him do a field test. He passed it and passed the breathalyzer. My buddy said the cop then said he was getting a DUI for open containers in the back he saw with a flashlight. My buddy said he knew the law and the back wasn't considered part of the passenger area. He made us all get out of the car and searched it for a while and didn't find anything, except spilled beer in the back. My buddy got a speeding ticket for 9 over.

We could have avoided the trouble I guess, but my friend passed the tests and was fine to drive. I'm glad I checked the website. Though I've met most troopers on duty and in bad situations, the two troopers I have met off duty back when were still dicks. Must be part of the personality.

6/7/2007 2:16:02 AM

here's the website btw http://www.nccrimecontrol.org/Index2.cfm?a=000003,000014,000935,000940

6/7/2007 2:17:28 AM

yeah, state troopers are a pain in the ass.

i mean, think about it...they serve little real purpose in terms of fighting crime and public service--they're basically interstate tax collectors. Combine that with their inflated sense of how hard they are, and look what you get...

6/7/2007 2:23:43 AM

I find it extremely funny of when troopers give you tickets and don't know exactly what that ticket entails or even if the ticket is real. The trooper that gave me "following too closely and being prudent" didn't even write down the code violation so I can't look it and no one at the court knew what the hell it was or if that had points on insurance or license. When I asked the cop, he said it wasn't, but also said he wasn't exactly sure. If you're passing out tickets, you'd think that they'd know what it entails since they should know the law...

Shit I had a ticket for not having signal lights on my bike when the fact that there is no law in NC for it... Cary cop tried to pull a fast one on me, good thing my lawyer caught that.

6/7/2007 5:34:47 AM

[Edited on June 7, 2007 at 6:30 AM. Reason : .]

6/7/2007 6:30:01 AM

Quote :

"My buddy said he knew the law and the back wasn't considered part of the passenger area."

your buddy doesn't know the law. the back is considered passenger area. anywhere a passenger rides in an upright seat is considered passenger area. y'all were just asking for trouble in the first place. y'all got lucky.

6/7/2007 6:36:18 AM

Quote :

" i mean, think about it...they serve little real purpose in terms of fighting crime and public service--they're basically interstate tax collectors. Combine that with their inflated sense of how hard they are, and look what you get..."

i know its a movie and all but weren't they state troopers doing all the investigating in the mob with the movie The Departed?

6/7/2007 8:14:45 AM

Quote :

"the back is considered passenger area. anywhere a passenger rides in an upright seat is considered passenger area"

he meant the very back.

6/7/2007 8:45:44 AM

^yeah, as in behind the back seat. So does this mean I can throw a beer can on the back deck where the speakers and 3rd brake light are in my coupe?

[Edited on June 7, 2007 at 9:21 AM. Reason : +]

6/7/2007 9:21:32 AM

Quote :

"your buddy doesn't know the law. the back is considered passenger area. anywhere a passenger rides in an upright seat is considered passenger area. y'all were just asking for trouble in the first place. y'all got lucky."

I meant in the very very back, it was a 4runner. We might have been lucky, but it seems like his or any other trooper's salary could be spent better somewhere else.

Quote :

"yeah, state troopers are a pain in the ass. i mean, think about it...they serve little real purpose in terms of fighting crime and public service--they're basically interstate tax collectors. Combine that with their inflated sense of how hard they are, and look what you get..."

Exactly.

6/7/2007 9:37:07 AM

Quote :

"Having open containers is legal as long as the driver hasn't had a drop,"

I've been pulled over for this before and got off, but I really really thought they revoked this law a few years ago???

6/7/2007 1:10:53 PM

littering and?

6/7/2007 2:44:05 PM

pretty sure that law was only in existence for a short time and no longer is valid

6/7/2007 2:47:40 PM

perhaps none of you should've been drinking in the car in the first place and the whole scenario never would've happened.

6/7/2007 2:56:09 PM

^^that's what i thought also. that it expired, but was re instated.

i'm hardly an advocate of drinking and driving, but from a legal stance i don't see the point of having an open container law. especially for passengers. even drivers as long as they're below the legal limit. what's the difference in having a drink at a bar then immediately driving or having a drink in the car while you're driving.

6/7/2007 3:09:31 PM

having that open container law eliminates any question as to whether it was the drivers or a passenger's beverage. it would be relatively easy for someone in the passenger seat to say "oh that's mine" and get the driver off the hook if that law wasn't in place. having that law eliminates that question altogether. plus, i dont want some drunk friend spilling their beer in my car

6/7/2007 3:16:19 PM

Why would someone want to keep open cans/bottles of beer in the area behind the back seat? That seems like a dumb thing for the law to allow. If they're going to do that, they might as well throw out open-container laws.

6/7/2007 3:26:29 PM

it's just saying that you can't have it where people would generally sit, that it needs to be in the cargo area. generally if that's the only place it can be, then one probably would not do it, except for those that are a fan of breaking the law

6/7/2007 3:41:40 PM

If I'm reading the site right, you can have open containers in the passenger area, as long as the driver doesn't have any alchohol in their system.

Quote :

"If the driver has not consumed any alcohol, an open container of a malt beverage (beer, malt liquor, ale, hard lemonade) or unfortified wine (table wine, champagne) is not prohibited."

[Edited on June 7, 2007 at 3:51 PM. Reason : .]

6/7/2007 3:51:22 PM

negative. just like underpsi said- you cannot have an open container anywhere a passenger would sit upright. i work for an attorney, i've double checked this. yall were stupid for doing it in the first place, like i said.

6/7/2007 4:02:33 PM

Quote :

"yeah, state troopers are a pain in the ass. i mean, think about it...they serve little real purpose in terms of fighting crime and public service--they're basically interstate tax collectors. Combine that with their inflated sense of how hard they are, and look what you get..."

you just don't like them because they don't let you drive as fast as you want

[Edited on June 7, 2007 at 5:22 PM. Reason : ]

6/7/2007 5:22:27 PM

Quote :

"having that open container law eliminates any question as to whether it was the drivers or a passenger's beverage. it would be relatively easy for someone in the passenger seat to say "oh that's mine" and get the driver off the hook if that law wasn't in place."

yeah, i agree it helps to eliminate any doubt or temptation of a driver, but that's also what field sobriety and breathalyzer tests ensure against.

i was just saying if we're going to allow a driving limit of .08, what's the difference in drinking up to that limit in a bar or in a car. imo, the law should be:

a.) legal bac limit and open containers allowed.

or

b.) no tolerance on bac and open containers illegal.

is that nccrimecontrol site an official government site? it is very misleading, and would probably be pretty good grounds for a defense if it's an official government site.

6/7/2007 5:34:35 PM

^yes, that is the NC Hwy Patrol's official site

i interned for them

regardless of the law, matt you know better than to be riding around with open containers of alcohol.........you stupid bastid

6/7/2007 7:05:00 PM

what does the law say about open alcohol containers on a motorcycle? Think you can get away saying that it's your alcohol powered hybrid?

6/7/2007 9:19:32 PM

ahem....here goes

That law did exist to where passengers could have open containers as long as the driver had NOTHING on his breath at all, if he did, he could get a open container ticket(not a DWI unless he was impaired). BUT NOW that law does not exist. You can not have an open container as a passenger, the technicality is that it can be in the very back of an SUV, or the bed of a pick up, etc. But for u to be riding around as passengers and drinking beer you are damn lucky he didnt get multiple charges. If the trooper goes up and smells alcohol that is reasonable suspicion to test ur friend driving and pull yall out when he sees beer spilled in the back. I mean come on man not all cops are idiots.

6/7/2007 9:23:30 PM

Quote :

"I mean come on man not all cops are idiots."

true. the burden of proof still lies on them though, depsite as obvious as spilled alcohol in the cargo area might appear.

dude could have written a ticket, but it wouldn't really hold up unless he had caught them with containers in hand, or seen them being tossed in the back.

they better change that site too if it's really not the current law. the more i think about it, the more it seems like the recent open container law changes have been related to the driver though, not the passengers?

maybe a tdubber in blue will respond...

6/7/2007 9:43:45 PM

i just did^^
the new law specifically targets teh passengers, Im pretty sure they will get the ticket if they have the open containers. I can quote my law book if someone wants me too
its just alot
...but the earlier post, what he said doesnt exist anymore. It used to be if the driver had alcohol on his breath he would get an open container violation and the passengers would be fine. Its all changed now

[Edited on June 7, 2007 at 9:58 PM. Reason : more]

[Edited on June 7, 2007 at 9:59 PM. Reason : High Point Police now Ivan]

6/7/2007 9:56:57 PM

oh hell, you joined the enemy? Jeepman and i went right through high point a few weeks ago going to winston from asheboro...

how have you been? haven't seen you posting in a while. still got the yota?

[Edited on June 7, 2007 at 10:05 PM. Reason : .]

6/7/2007 10:03:34 PM

sorry for the double post, i just looked it up though.
OPEN CONTAINER IN VEHICLE GS 18B-401(a)
Class 3 Misdemeanor
"Transport Fortified Wine, Spirituous liquor in the Passenger Area of a Motor Vehicle in Other than Manufacturer's Unopened Original Container.
DRIVER CONSUMING
Class 3 Misdemeanor
Drive a Motor Vehicle on a Highway,PVA, While consuming in the Passenger Area of a Motor Vehicle a Malt Beverage, Unfortified Wine, Spiritous Liquor

***Whats interesting is malt beverage isn't mentioned for Open Container charge in my law book quick reference guide(2007), but rest assured beer is included according to our instructors

6/7/2007 10:06:11 PM

yah man thanks for asking, ive been really busy as of late. I still have the yota and actually just bought a house. I move in the end of this month. Hopefully i can get some spare money to do work on it but it wont be any time soon. Yall will have to swing by sometime in the future when your in HP

6/7/2007 10:08:06 PM

can we stage a high speed chase next time i'm in NC? you know, for training purposes for your dept?

6/7/2007 10:14:00 PM

^lol...drivers training was by far the most fun thing i have ever done. Im not used to driving fast with lights and siren through hairpins and stuff...talk about an adrenaline rush

6/7/2007 10:21:53 PM

Seriously...I'll give you guys some hard and realistic training. More you sweat in peace, less you bleed in war. Running down some drunk, fatass white trash in a K-5 Blazer or a Fox body will be a piece of cake afterwards. We'll train until y'all get tired of it.





and we should probably train in lots of different places...interstates, local backroads that you're familiar with and I'm not, backroads around my old place, and maybe some neutral ground like Deal's Gap.

[Edited on June 7, 2007 at 10:28 PM. Reason : asfdasdf]

6/7/2007 10:27:07 PM

I always wanted to see a high-speed chase using police interceptors... on the track. That would just be funny to see a car drifting through a hairpin turn with 20 police cars right behind it.

6/7/2007 10:32:37 PM

it would be a beatdown unless the car or its driver sucked. they wouldn't be "right behind it" unless he'd just lapped them.

outrunning the cops is easy in and of itself. if you are in a car with any sort of performance capability and can't dust the bejeezus out of a cop, you suck big time.

the trick is that you have to smoke the first one with such severity that he doesn't have time to radio anyone. gotta get totally out of sight with the quickness, then get somewhere that he isn't going.




not that i make a habit of doing this sort of thing these days, since I'd be in a heap of trouble if I did manage to get caught...I'm just saying...Officer Friendly has a job to do, and so do I, and when circumstances were different, sometimes I...didn't get tickets for some things I could have.
[Edited on June 7, 2007 at 10:39 PM. Reason : fasd]

[Edited on June 7, 2007 at 10:42 PM. Reason : asdf]

6/7/2007 10:39:18 PM

naw, I'm thinking of some cheesy econobox car and 20 tuned police interceptors. Now I think that would be a fair match, unless you get a pro behind the shitbox...

6/7/2007 10:43:24 PM

yah dude we did a serpentine....in reverse at like 30 mph, that shit was hilarious. People would over compensate and spin the car around several times.
But yah in our chase scenarios it was two cop cars chasin another crown vic through cones and stuff at a track. The way the course was set up was excellent though. There were intersections, a teardrop, a hair pin, serpentine, straight aways etc. There is nothing like drifting a crown vic through a turn with lights and siren chasin a vehicle just like yours

6/7/2007 10:52:14 PM

^^ haha, "tuned"

"police interceptor" doesn't really mean anything like it did 40 years ago.



^ i bet the twisties in reverse was a trip







[Edited on June 7, 2007 at 10:55 PM. Reason : asdffds]

6/7/2007 10:54:33 PM

Wished they made custom transmission for the interceptors and have multiple reverse gears. I wanna see a 65+mph police chase... backwards. Like that MGM stunt show.

6/7/2007 11:00:20 PM

Between Greensboro and Chapel Hill yestereday I must have seen 10 cars w/ flat tires or broken down and people sitting by them. I even saw one guy walking with a gas can. I must have seen 20 troopers parked clocking people or cruising. Fucking dicks.

Toy4x4, So when you filled out your application was "dooshbag" a requirement?

6/8/2007 2:04:49 PM

Quote :

"I must have seen 10 cars w/ flat tires or broken down and people sitting by them. I even saw one guy walking with a gas can. I must have seen 20 troopers parked clocking people or cruising."

I've seen this scenario also, but I've also seen Troopers lending a helping hand on occasion.

Only thing is, I'm not sure I'd want help from a Trooper unless I really needed it. When he stops to help you, he's not only stopping to help you, but also stopping to look for a reason to ticket/arrest you.

6/8/2007 2:19:05 PM

^^ those sound like a job for AAA or other roadside assistance, not the police

6/8/2007 2:52:10 PM

^^^he's not a highway patrolman

he's a city cop.



not that there aren't a bunch of douchebag city cops, too, but they have a much, much higher proportion of good ones, and at least they have more intrinsic worth in terms of fighting crime.

[Edited on June 8, 2007 at 3:46 PM. Reason : ^^^]

6/8/2007 3:46:29 PM

well thanks matt im used to the trashtalkin behind computer screens. I dont care. Hate us til u need us. I will agree that a majority of Troopers are assholes-they would write their own momma a speeding ticket.

6/8/2007 4:59:12 PM

Quote :

"That would just be funny to see a car drifting through a hairpin turn with 20 police cars right behind it."

welcome to spring break of my junior year of high school...

6/8/2007 5:08:24 PM

^^What are you gonna look me up and arrest me? Don't pull a Wilmington and shoot me through the door please.

I do have a question though, is it illegal to to roll down my window and flick off every state trooper? What about honking while doing this?

[Edited on June 8, 2007 at 8:21 PM. Reason : Would that be free speech?]

6/8/2007 8:20:28 PM

A state trooper told me he gets cussed out pretty often and he can't do shit unless they say something threatening like "I'm gonna beat your ass"..but they can say "your a dumb cunt and i fucked your mom" all day long.. Not sure if that's 100% accurate and there probably is a limit, but thats what I was told.

Quote :

"Jeepman and i went right through high point a few weeks ago going to winston from asheboro..."

stop by and have some beers in asheboro next time.

6/8/2007 8:35:31 PM

Quote :

"can we stage a high speed chase next time i'm in NC? you know, for training purposes for your dept?"

if you do, head towards Georgia.......NC Hwy Patrol isn't allowed to give chase into GA. Tenn, Va, and SC are fine, GA is a no no though

Quote :

"they would write their own momma a speeding ticket"

good, they shouldn't get special treatment just b/c their son(s) are troopers.....

6/8/2007 8:44:32 PM

matt when did i say id arrest you?? Grow up. And no u cant flick off a state trooper unless you want a ticket/arrest for disorderly conduct. What was said earlier is somewhat true..you can cuss at them,(actually depends who it is) but if you cross the line you will be arrested for disorderly. And its easy to prove in court when the officer testifies and starts reading off the words that was said to them. So just grow the fuck up and do what you are suppossed to.



edit: SLAP im just saying that most city officers wont mess with you for less than 15 over, just depends on who they are. But a trooper will hit you for 1 over, or whatever they want to

[Edited on June 9, 2007 at 7:37 PM. Reason : ^]

6/9/2007 7:35:05 PM

That was kind of a joke there. But I guess you did hear about those Wilmington cops. Got another question, are you under 5ft tall like most other cops?

I looked up that stature

Quote :

"Disorderly Conduct (14-288.4) Disorderly conduct is a public disturbance intentionally caused by any person who: Engages in fighting ... Makes or uses any utterance, gesture, ... ... or seizes any building ... Refuses to vacate a building ... (a) ... sitting, kneeling, lying down, in a (public institution) Disrupts or interferes with the teaching of students at any public or private educational institution ... Classification: Class 2 Misdemeanor (6 months and/or $500)"

How could fighting and flicking someone off be interpreted as equal offences (or seizes a building)?

6/9/2007 10:41:54 PM