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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Alabama Open Container and Public Consumption

    I believe I was falsely arrested for Open Container & Public Consumption by the city of Hoover, Alabama under ordinance 3-1.

    I was not on the highways or byways when observed by the officers.

    No officers followed me because I was not driving.

    My vehicle was parked with the motor running.

    I was in the parking area of my apartment complex, which was on private property and was three blocks from the nearest public road.

    No one saw me drinking the beer.

    I was inside of a car and not walking around.

    The open container was found on the floorboard between my legs.

    All of the above was stated in the officers' complaint.

    I believe that I was charged with a crime that is only enforceable if I was on the highways or byways and not if I'm on private property.

    What Alabama laws makes it clear that I did not commit a crime since I was not driving or parked on a public highway or byway?

    What Alabama cases make it clear that I did not commit a crime since I was not driving or parked on a public highway or byway?

  2. #2
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Alabama Open Container and Public Consumption

    You were lucky since the car was running, that you were not charged with a DUI, in Oregon, that is a sign that you either drove or had the intention of driving, just finding the keys in the car, not to mention the car running. I will see if I can find anything out on the open container part.

  3. #3
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Alabama Open Container and Public Consumption

    (7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.


    It may very well be because the engine was running, that you got this ticket. It seems to be a small infraction, and a 25.00 fine, with no points against your drivers liscense. I do not have the answer to the right of way of a public highway? It may be since you could leave from where you were parked, and go to a public street and ultimately go to a highway, from where you were, that they can issue this, but I am not a lawyer, so I do not know for sure. Please stick around for more answers. I will give you the link to this, but fighting it may take an attorney, and for a 25.00 ticket, not the best option.
    http://www.drunkdrivingdefense.com/n...-container.htm

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