Passenger Ticketed for No Seatbelt, Open Intox

[Lindalu2]

i was driving my car and a friend was with me on the passengers side, i was going to the doctor, ok the cops stopped me saying my friend did'nt have a seat belt on, when we know he did have a seat belt on, even when they stopped me he still had his seat belt on. and also my friend did have an open container in the car, but i was driving, not him, but anyway i would like to know if they can charge my friend when he was'nt even driving the car and God knows he did have his seat belt on, could he be charged for this and how much. :?: the cop ask me was i drinking and i said no, i do not drink and he said are you sure and i said no that i don't drink, and he still ask me to take a breath test. duh. but anyway the cop still gave my friend a ticket of not wearing a seat belt plus open container ticket.

[aaron]

i was driving, not him, but anyway i would like to know if they can charge my friend when he was'nt even driving the car and God knows he did have his seat belt on, could he be charged for this ....

Yes, he can be charged. If the reason for the stop was pretextual (e.g., they claim to have pulled you over because he wasn't wearing a seatbelt, yet he was), he can attempt to use that as a basis to get the charges dismissed. The open intoxicants law provides:

(a) As used in this Code section, the term:

(1) 'Alcoholic beverage' means:

(A) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;

(B) Wine of not less than one-half of 1 percent of alcohol by volume; or

(C) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.

(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that:

(A) Contains any amount of alcoholic beverage; and

(B)(i) Is open or has a broken seal; or

(ii) The contents of which are partially removed.

(3) 'Passenger area' means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.

(b)(1) A person shall not:

(A) Consume any alcoholic beverage; or

(B) Possess any open alcoholic beverage container
in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.

(2) The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.

(3) Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area.

(c) Any person who violates this Code section is subject to a fine not to exceed $200.00.