So how do these drive thru daquiri/cocktail/frozen drink places get away with it? It seems like an officer could set up next to one and write ticket after ticket - because technically most of them are serving open containers (unless it's a place that heat wrap/seals a plastic film over the cup).

There is a place at Cedar Creek and they just put a sticker ON the cup (last time we went it wasn't even over the straw hole). Cups are just regular 'ol Styrofoam cups.

The place here in Odessa puts tape over the straw hole. It's up to you the consumer not to drink it til you get home I guess.

Yep, tape or they'll leave a little piece of the paper straw wrapper on the end of the straw = not open container.

Dumb as the day is long.

Yes. It's the law.

And I don't 'pick and choose' the ones to follow.

If anyone feels them particularly burdensome, talk to your legislators to change them. That is what the system is there for.

The fact that many people do it (open container) doesn't make it lawful or something to excuse. But just because something is 'common', doesn't make it right.

Again, if that many people don't like the law...then it should be a simple matter to get it changed.

so you never speed?

I remember the days when mileage was measured by how many beers it took to get there, Big Spring to Andrews was a 3 beer drive with at least one pizz break along the way.

Nope. My now deceased younger brother had enough DUI's to show me what happens and how much it costs.

I will do it but not very often at all anymore.

I simply do not see a damn thing wrong with a person having a drink or two on the way home from work after a long day.

Class C ticket that is more than $100

We called them road sodas.

Lose your LTC as well.

Can you show the law? Have a link?

Look it up yourself...

In the state of Texas, you will not be given an LTC if you have been convicted of a class A or B misdemeanor within the last 5 years. This means, if you have a DWI (a class B misdemeanor) less than 5 years ago, you will not be allowed to obtain your LTC.

What happens to my License to Carry or CHL if I’m arrested and charged with a crime?

Texas Government Code 411.187 spells out the scenarios that require the Texas Department of Public Safety (DPS) to suspend one’s LTC or CHL. In regards to criminal charges, the department SHALL suspend an LTC if the license holder is charged with the commission of:

a Class A or Class B Misdemeanor;
an offense under Section 42.01 of the Texas Penal Code (Disorderly Conduct); or
any Felony offense.

In addition, a person’s LTC or CHL will be suspended if a person is arrested for any offense involving family violence or disorderly conduct and is subject to an active protective order.

...they will take it too!

All that law does is keep our roadways trashed out with cans and bottles.

Tx gunner308:


Who said DWI?

Get your facts straight. This thread is about open container, not impaired or dwi.

Go back and read the thread I originally quoted DA! "Class A Misdemeanor"...I said nothing about a DWI.

Get you pfhuckin facts together!

Man you have a short fuse...take a deep breath.

Na, I just hate your silly eff'n azz!

Ok hates a big word...but from your sig line I bet you are tough.

Calm down little guy. It will be ok.

Ya'll have a cold one, I am. Love working from home.

quit getting "diarrhea of the keyboard" and you won't get called out for the stupid chit you constantly type.

....is it steroids or do you just need a hug?