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Re: Open Container Law
[Re: cbump]
#8520268
02/02/22 03:15 PM
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Joined: Nov 2018
Posts: 1,539
fishdfly
Pro Tracker
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Posts: 1,539 |
All that law does is keep our roadways trashed out with cans and bottles.
Open container laws make people litter? That’s bull. Majority of people out there are just trashy. Majority of aluminum cans picked up on the side of highways are "beer" cans, not soft drink cans.
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Re: Open Container Law
[Re: fishdfly]
#8520273
02/02/22 03:20 PM
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Joined: Feb 2015
Posts: 5,162
flintknapper
THF Trophy Hunter
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Joined: Feb 2015
Posts: 5,162 |
All that law does is keep our roadways trashed out with cans and bottles.
Open container laws make people litter? That’s bull. Majority of people out there are just trashy. Majority of aluminum cans picked up on the side of highways are "beer" cans, not soft drink cans. Absolutely true on our Farm to Market Road. Every time I mow the right of way in front of our property and pick up the 'litter' people throw out, it is mostly Beer Cans. Good observation. Speaks to the drinking while driving issue out there....I suspect.
Spartans ask not...how many, but where!
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Re: Open Container Law
[Re: flintknapper]
#8520281
02/02/22 03:29 PM
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Joined: May 2006
Posts: 31,055
HWY_MAN
THF Celebrity
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Joined: May 2006
Posts: 31,055 |
FM roads out here are covered in beer and energy drink cans.
Yes! A Weatherby does kill them deader.
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Re: Open Container Law
[Re: bigbob_ftw]
#8520283
02/02/22 03:32 PM
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Joined: Feb 2015
Posts: 5,162
flintknapper
THF Trophy Hunter
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Posts: 5,162 |
In Texas, open containers are prohibited in any seating area of a vehicle, including the driver's side, passenger side or backseat. It's illegal to knowingly possess an open container of alcohol in a vehicle on a public highway. It doesn't matter if the vehicle is stopped or parked. I think everyone knows this. The question is does this law keep you from drinking beer on the highway? 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?Correct. I follow posted speed limits. IF I ever speed.....it is unintentional (and rare) and never deliberately (like purposely ignoring open container laws), but it has been my observation that people who willingly break one law....will break others as well. But I probably don't have to tell you that. In 52 years of driving I've been ticketed exactly twice. One was bogus and beat in court, the other I richly deserved and paid. I've never caused an accident or been in one that was my fault. I'd say that's a pretty damn good driving record. Drinking and driving can't be helpful for that.
Last edited by flintknapper; 02/02/22 03:34 PM.
Spartans ask not...how many, but where!
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Re: Open Container Law
[Re: scalebuster]
#8520285
02/02/22 03:33 PM
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Joined: Nov 2018
Posts: 1,539
fishdfly
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Posts: 1,539 |
Our county road ditch in front of my place become littered with beer cans starting September with deer lessors going to their leases. The number of cans drops dramatically after the end of December when the lessors are gone.
Drinking and driving and it is not the locals.
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Re: Open Container Law
[Re: scalebuster]
#8520290
02/02/22 03:38 PM
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Joined: Nov 2007
Posts: 5,864
LarryCopper
THF Trophy Hunter
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Joined: Nov 2007
Posts: 5,864 |
We did on road trips all the time as young bucks. Nowadays there is one situation where I will have one for the road. On the way to a restaurant where I'll have one or two more. I don't get anywhere near drunk and get behind the wheel.
I had a hunting buddy that I met cuz our daughters played sports together. He's a local cop that looks like he should be a defensive end in the NFL. His family still has a place around San Saba that he hunted and he would take an 18 pack for the drive from the Dallas area. He told me of a story once that he got pulled over and argued successfully that those weren't open containers, they're empty containers. I'm sure he got out of it most likely due to professional courtesy, not the argument.
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Re: Open Container Law
[Re: scalebuster]
#8520295
02/02/22 03:41 PM
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Joined: Dec 2020
Posts: 1,422
Sewer rat
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I haven’t had a drop of alcohol this year and only had a couple of drinks since Halloween. Prior to that I drank pretty much daily for the past twenty years. I never drank before noon and didn’t absolutely need to have a drink but most days I would drink 4-5 every evening after the day’s work was done.
If it was after 5 pm it was rare for me to be driving without an open container. After I had two I wouldn’t drive so I wasn’t driving drunk but like clockwork I would drink one or two on the way home from working.
I really don’t know what happened but I had drank 4-5 a night for decades usually 1-2 on the drive home and then 2-3 at home before I went to bed. For whatever reason these numbers started increasing last year to where on several occasions I was drinking ten plus an evening and I just decided enough was enough on Halloween. I slipped up a couple of times around the holidays but have had less than ten total drinks since Halloween and not a drop this year. I missed drinking like crazy at first. Not sure if it was addiction to the substance or just addiction to the routine. It was a rough few weeks but now I have zero desire for it. I feel like I have so much I want to do and alcohol just slows me down and gets in the way of what I want to get done.
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Re: Open Container Law
[Re: scalebuster]
#8520338
02/02/22 04:12 PM
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Joined: Feb 2015
Posts: 5,162
flintknapper
THF Trophy Hunter
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Posts: 5,162 |
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! Where the issue of 'Carrying' (in public) while drinking gets 'sticky' is that there is no 'Legal Limit' as with DWI or Public Intoxication. LEO (and a judge) need only prove/agree that 'impairment' was at play. So.....if you drink and carry you are taking a chance that an officer will (or will not) decide you are 'impaired' (regardless any amount you've consumed) and proceed with an arrest. During that time (pendency) your LTC will be suspended. Actually, you could further be charged with Unlawfully Carrying a Weapon (if they really want to press things). A good lawyer can probably get you off provided you didn't 'blow' over a .08% (not admissible as evidence anyway) or fail a blood test. But again...the standard is 'impairment'....and I'd hate have the wrong jury for that one. With the advent of Permit-less Carry t(and the already in place Motorist Protection Act) the need for a LTC is less important for many folks, though I recommend keeping one if you already have one. I've had mine for 26 years,
Last edited by flintknapper; 02/02/22 04:13 PM.
Spartans ask not...how many, but where!
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Re: Open Container Law
[Re: reeltexan]
#8520549
02/02/22 07:24 PM
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Joined: Apr 2009
Posts: 10,521
retfuz
THF Celebrity
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Joined: Apr 2009
Posts: 10,521 |
All that law does is keep our roadways trashed out with cans and bottles.
Actually, it doesn't. Drinkers throw their cans and bottles out the window to keep from being tagged for open container in the vehicle.
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Re: Open Container Law
[Re: scalebuster]
#8520738
02/02/22 10:03 PM
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Joined: Oct 2017
Posts: 5,951
angus1956
THF Trophy Hunter
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Posts: 5,951 |
So what about getting a drink to go from a restaurant, isn't this an open container? Most are in a plastic cup with a straw stuck in it.
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Re: Open Container Law
[Re: angus1956]
#8520740
02/02/22 10:09 PM
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Joined: Apr 2005
Posts: 19,814
TurkeyHunter
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Joined: Apr 2005
Posts: 19,814 |
So what about getting a drink to go from a restaurant, isn't this an open container? Most are in a plastic cup with a straw stuck in it. You bend the straw and stick one end in each nostril. If stopped by the police just explain what you did and why. You will be good to go.
To be determined
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Re: Open Container Law
[Re: retfuz]
#8520743
02/02/22 10:10 PM
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Joined: Oct 2012
Posts: 29,604
Sneaky
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Posts: 29,604 |
All that law does is keep our roadways trashed out with cans and bottles.
Actually, it doesn't. Drinkers throw their cans and bottles out the window to keep from being tagged for open container in the vehicle. Isn’t that what he was just saying?
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Re: Open Container Law
[Re: scalebuster]
#8520745
02/02/22 10:11 PM
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Joined: Apr 2005
Posts: 19,814
TurkeyHunter
THF Celebrity
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Joined: Apr 2005
Posts: 19,814 |
Roll with a 40.
To be determined
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Re: Open Container Law
[Re: TurkeyHunter]
#8520748
02/02/22 10:13 PM
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Joined: Oct 2012
Posts: 29,604
Sneaky
THF Celebrity
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Joined: Oct 2012
Posts: 29,604 |
Roll with a 40. I’m afraid that will make me retarded. The name has been ruined for me, thanks to a certain member of this forum.
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Re: Open Container Law
[Re: Sneaky]
#8520754
02/02/22 10:20 PM
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Joined: May 2011
Posts: 28,031
skinnerback
THF Celebrity Chef
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THF Celebrity Chef
Joined: May 2011
Posts: 28,031 |
Roll with a 40. I’m afraid that will make me retarded. The name has been ruined for me, thanks to a certain member of this forum.
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Re: Open Container Law
[Re: TexFlip]
#8520772
02/02/22 10:36 PM
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Joined: Dec 2010
Posts: 8,841
DocHorton
THF Trophy Hunter
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Joined: Dec 2010
Posts: 8,841 |
An alcohol related offense would be a career ended for me. I do not partake. Same here...could cause me issues with my license to practice. Way too much to lose.
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Re: Open Container Law
[Re: Sneaky]
#8520784
02/02/22 10:49 PM
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Joined: Jan 2009
Posts: 19,250
Judd
#1 Creedmoor Fan
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#1 Creedmoor Fan
Joined: Jan 2009
Posts: 19,250 |
Roll with a 40. I’m afraid that will make me retarded. The name has been ruined for me, thanks to a certain member of this forum.
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Open Container Law
[Re: scalebuster]
#8592057
05/05/22 09:46 PM
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Joined: Apr 2009
Posts: 3,239
blkt2
Veteran Tracker
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Veteran Tracker
Joined: Apr 2009
Posts: 3,239 |
Alcohol and Motor Vehicles are a problem the same way so-called gun violence is a problem. A very select few cause the majority of the issues and the entire thing has been politicized going back to the 80s. Considering how Mothers Against Drunk drivers was headquartered out of Irving and that one of the original Founders themselves got arrested for DWI I would say all of it was political done for personal gain. In case you haven't been around nonprofits before I'll clue you into something, there's big money in nonprofits .Driving while impaired should be illegal and is but driving while having a drink if you're not impaired should not be illegal but saying so gets you the same kind of stares that having a rational discussion about registered sex offenders will get you.
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Re: Open Container Law
[Re: scalebuster]
#8592091
05/05/22 10:44 PM
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Joined: Oct 2005
Posts: 878
Jman
Tracker
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Tracker
Joined: Oct 2005
Posts: 878 |
All the occupants get ticketed
Jim Featherston Mortgage Loan Officer - NMLS 2509901 Red Diamond Home Loans 165 S Kimball Ave, Suite 100 Southlake, TX 76092 PH 972-890-3114 Apply at: RDHLoans.com/Jim
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Re: Open Container Law
[Re: scalebuster]
#8592179
05/06/22 01:19 AM
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Joined: Jun 2009
Posts: 17,226
6InARowMakeItGo
THF Celebrity
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Joined: Jun 2009
Posts: 17,226 |
Correct. I follow posted speed limits. IF I ever speed.....it is unintentional (and rare) and never deliberately (like purposely ignoring open container laws), but it has been my observation that people who willingly break one law....will break others as well. But I probably don't have to tell you that.
In 52 years of driving I've been ticketed exactly twice. One was bogus and beat in court, the other I richly deserved and paid. I've never caused an accident or been in one that was my fault. I'd say that's a pretty damn good driving record. Drinking and driving can't be helpful for that.
That’s all fine and and dandy, keep your azz outta the left lane then. We got places to go.
🍻
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Re: Open Container Law
[Re: skinnerback]
#8592183
05/06/22 01:22 AM
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Joined: Jun 2009
Posts: 17,226
6InARowMakeItGo
THF Celebrity
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THF Celebrity
Joined: Jun 2009
Posts: 17,226 |
Roll with a 40. I’m afraid that will make me retarded. The name has been ruined for me, thanks to a certain member of this forum.
🍻
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Re: Open Container Law
[Re: 6InARowMakeItGo]
#8592186
05/06/22 01:29 AM
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Joined: Jul 2015
Posts: 23,177
Bee'z
The Beedazzler
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The Beedazzler
Joined: Jul 2015
Posts: 23,177 |
Roll with a 40. I’m afraid that will make me retarded. The name has been ruined for me, thanks to a certain member of this forum. Well played Sneaky, well played
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Re: Open Container Law
[Re: blkt2]
#8592269
05/06/22 07:07 AM
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Joined: Sep 2004
Posts: 12,420
RedRanger
THF Celebrity
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Joined: Sep 2004
Posts: 12,420 |
Alcohol and Motor Vehicles are a problem the same way so-called gun violence is a problem. A very select few cause the majority of the issues and the entire thing has been politicized going back to the 80s. Considering how Mothers Against Drunk drivers was headquartered out of Irving and that one of the original Founders themselves got arrested for DWI I would say all of it was political done for personal gain. In case you haven't been around nonprofits before I'll clue you into something, there's big money in nonprofits .Driving while impaired should be illegal and is but driving while having a drink if you're not impaired should not be illegal but saying so gets you the same kind of stares that having a rational discussion about registered sex offenders will get you. MADD is probably the biggest factor that Texas outlawed open containers in a car
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Re: Open Container Law
[Re: scalebuster]
#8592434
05/06/22 02:26 PM
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Joined: May 2006
Posts: 9,794
ILUVBIGBUCKS
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2006
Posts: 9,794 |
How many of you still drink beer while going down the road. If someone else is driving I’ll continue drinking beer on the highway. I’ll also have ONE beer while I’m driving if I feel like it. I did get the first open container ticket in Tom Green county the night the law went into effect. I think that was in 2001. I haven’t had one since but if pulled over I’d pay the fine and continue as I always have. I think it is the absolute dumbest law ever. I put in a hard day's work and head home and can't enjoy a single beer on my commute home. Just a stupid law that makes no sense to me at all.
High fence, low fence, no fence, it really doesn't matter as long as you're hunting!
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Re: Open Container Law
[Re: RedRanger]
#8592435
05/06/22 02:26 PM
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Joined: May 2006
Posts: 9,794
ILUVBIGBUCKS
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2006
Posts: 9,794 |
Alcohol and Motor Vehicles are a problem the same way so-called gun violence is a problem. A very select few cause the majority of the issues and the entire thing has been politicized going back to the 80s. Considering how Mothers Against Drunk drivers was headquartered out of Irving and that one of the original Founders themselves got arrested for DWI I would say all of it was political done for personal gain. In case you haven't been around nonprofits before I'll clue you into something, there's big money in nonprofits .Driving while impaired should be illegal and is but driving while having a drink if you're not impaired should not be illegal but saying so gets you the same kind of stares that having a rational discussion about registered sex offenders will get you. MADD is probably the biggest factor that Texas outlawed open containers in a car YUP
High fence, low fence, no fence, it really doesn't matter as long as you're hunting!
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