My question involves criminal law for the state of: Ohio
No ticket involved - pre-emptive question.
My wife and I recycle all our glass/plastic/aluminum cans. My wife drives the recycling to the drop-off lcoation every weekend.
What is to stop her getting an open container violation from the residue of beer in the aluminum cans? Officer judgement, or a specific exemption for carrying recycling?
She drives a wagon and the boxes usually fill the cargo area - but it's not in a seperate trunk.
Open Container Charge While Taking Cans to Recycling
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06-30-2008, 11:28 AMScruitOpen Container Charge While Taking Cans to Recycling
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06-30-2008, 11:58 AMLawResearcherMissyRe: Open Container - Taking Cans to Recycling
They're empty cans, mixed in with all the other recycling?
Cops aren't stupid. They're not going to cite her for having boxes of empty beer cans that are clearly headed for recycling. -
06-30-2008, 12:06 PMScruitRe: Open Container - Taking Cans to RecyclingStupidity aside, given a strict reading of the law it IS a violation, right?Quote:
Quoting LawResearcherMissy
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06-30-2008, 01:14 PMaaronRe: Open Container - Taking Cans to Recycling
If you're worried, keep the beer cans in the trunk.
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06-30-2008, 05:14 PMScruitRe: Open Container - Taking Cans to RecyclingShe drives a wagon. ;)Quote:
Quoting aaron
Is there a requirement that the OC must be within reach of the driver or any passenger for a conviction?