Open Container of Alcohol Citation Due to a Beer Bottle in a Vehicle

I'm not upset about anything. But you asked if you should have owned up to your mistakes and taken the consequences instead of letting your wife take the blame for what you did, and I answered you.

It's no skin off my nose if you think you're too special a snowflake to have to take responsibility for your own actions, and your wife is stupid enough to take the blame for you. But you asked a question and I gave you an answer.

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Quoting cbg

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Since you ask, yes.

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Quoting TechWorker

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Was the engine running? If not, were your keys in the ignition?

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Quoting cbg

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I'm not upset about anything. But you asked if you should have owned up to your mistakes and taken the consequences instead of letting your wife take the blame for what you did, and I answered you.

It's no skin off my nose if you think you're too special a snowflake to have to take responsibility for your own actions, and your wife is stupid enough to take the blame for you. But you asked a question and I gave you an answer.

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But is she stupid? Protecting main income source for family, saving me from going to jail, etc? I openly admit that it was a poor choice, but really?

I appreciate the answer to my questions, personally, you sound upset that I lucked out. And because you decided to mention it, I don't think I'm a special snowflake or my shit doesn't stink, we made a mistake, we took the route of least punishment.

So since you want to answer questions graciously, if you were in my shoes, you would have taken a DUI over an open container? I just want to know what kind of person you are.

Were you on state property? Texas Game Wardens only have powers of arrest, search and seizures while on duty, in uniform and on state game lands. TX game wardens can inspect you, your vehicle or cooler only while you're hunting.

If you were on privet property, his actions may have been illegal.

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Quoting Who'sThatGuy

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If you were on private property, his actions may have been illegal.

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Public property.

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Quoting Txopencontainer

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Public property.

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Was the public property city, county, state or federal?

I wouldn't be in your shoes because I don't drink and drive. But if I were? Damn straight I would. I take the blame for my mistakes - I don't ask other people to take the blame for me.

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Quoting Who'sThatGuy

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Was the public property city, county, state or federal?

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I think city.

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Quoting cbg

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I wouldn't be in your shoes because I don't drink and drive. But if I were? Damn straight I would. I take the blame for my mistakes - I don't ask other people to take the blame for me.

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Great. I didn't ask you to answer if you weren't in my shoes. Just like I didn't ask for my wife to take the blame.

Thanks for your response.

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Quoting Txopencontainer

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I think city.



Great. I didn't ask you to answer if you weren't in my shoes. Just like I didn't ask for my wife to take the blame.

Thanks for your response.

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If you have a lawyer ask him about laws in TX that a game warden has no power outside its jurisdiction which is limited to state owned game lands.

If you were under the influence, passing the beer to your wife did NOT get you out of it. She was a willing recipient of the beer, so she is guilty of the offense she is charged with. You passed the HGN test so the officer did not charge DUI. Why in the world you passed the beer to your wife is beyond me. You cannot be convicted for DUI on the basis of having an open container, you are convicted of DUI because you are under the influence.

What I did was not a good choice, but I plan to correct my actions.

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Quoting jdbofky

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If you were under the influence, passing the beer to your wife did NOT get you out of it. She was a willing recipient of the beer, so she is guilty of the offense she is charged with. You passed the HGN test so the officer did not charge DUI. Why in the world you passed the beer to your wife is beyond me. You cannot be convicted for DUI on the basis of having an open container, you are convicted of DUI because you are under the influence.

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If I was caught with a beer in my hand behind a wheel in a running car parked, wouldn't the police officer have more than enough information to perform a "blow test" on me? As far as I could tell, he had a vehicle running with two passengers, one passenger who admitted to drinking all beers in the vehicle and one driver who responded and acted under normal limits. I don't know if him not having me "red handed" did not allow him to give me a "blow test"?

I'm no lawyer, but since I wasn't intoxicated passed limits, I was able to be coherent enough to pass the police officers test (HGN?). The police officer first started with telling me that "he has a little machine that is going to tell me if you are lying to me". I said I was uncomfortable by this and I don't see why this was a necessity. He then all of a sudden switched to doing a light test (HGN?).