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  1. #1
    Join Date
    Jun 2013
    Posts
    3

    Unhappy Can Possession of Open Container Be Charged when Not in a Motor Vehicle

    My question involves criminal law for the state of: "Possession of an open container to wit Mike's Hard Cherry Lemonade 3/4 Empty"

    This was one of the two charges I received on a ticket in Houston, Texas. I went to a fellow off duty Officer acting as security for a nearby club, and he had mentioned to me that this is only a charge for while in a motor vehicle. No car is noted on the ticket. I was behind my car with a few friends drinking it, they did not witness it in my hand and me consuming it, but I did say it was mine when they had asked. Is this true? If so I am filing plea of Not Guilty.

    My other charge was "Consumption of an Alcoholic Beverage to Wit Mike's Hard Cherry Lemonade"

    Please note i was behind my car that was parked in a parking space at night time, in a Chase Bank Parking lot after hours (11pm). I am of age (26).

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Can Possession of Open Container Be Charged when Not in a Motor Vehicle Houston T

    Please post the specific statutes (the code numbers and whether it is a state or municipal code) you are charged with.

  3. #3
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Can Possession of Open Container Be Charged when Not in a Motor Vehicle Houston T

    There are no codes on the ticket. I wish I could show you the picture of it, just says #1 and #2 next to what they had written. It was Police on Bicycles. It looks like a traffic ticket rather than a citation, no codes are given, does not state public intoxication.

    - - - Updated - - -

    I havnt lived at this address for a year so here is a picture of the ticket.


  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can Possession of Open Container Be Charged when Not in a Motor Vehicle Houston T

    Found it.

    It's in the Houston Code of Ordinances Chapter 3 - Alcoholic Beverages - Section 3-3 Alcohol in central business district.

    Sec. 3-3. Alcohol in central business district.

    (a) In this section, the following words and terms shall have the meanings ascribed in this subsection:

    Central business district means the area depicted as the central business district of the city on the map that was adopted by city council Resolution No. 93-109* and was approved by order of the Texas Alcoholic Beverage Commission dated January 25, 1994, true copies of which map, resolution and order are on file in the office of the city secretary.

    *It should be noted that reference to Resolution No. 93-109 should reference Resolution No. 93-103.

    Licensed premises means the premises of any place for which a Texas Alcoholic Beverage Commission permit or license has been issued that allows on-premises consumption of alcoholic beverages.

    Open container means an alcoholic beverage container that is no longer sealed.

    Special event lot means a lot leased or licensed by the owner, operator, manager or management team of a sports venue through an agreement with the lot owner and where the lot is under the control of the owner, operator, manager or management team of the sports venue during an event authorized by them.

    Sports venue means a stadium, arena, ballpark, parking lot, or other related property in the central business district that is owned, operated, or project managed by the Harris County-Houston Sports Authority.

    (b) It shall be unlawful for any person to be in possession of an open container in the central business district.

    (c) It shall be unlawful for any person to engage in the public consumption of any alcoholic beverage in the central business district.

    (d) It is a defense to prosecution under this section that the alleged offense took place in a motor vehicle; in a building not owned or controlled by the city; in a residential structure; on the premises of a sports venue or special event lot during the hours authorized by the owner, operator, manager or management team of the sports venue; or on licensed premises that are situated in the central business district.

    http://library.municode.com/index.aspx?clientId=10123

    According to Google Maps it looks like 700 Franklin could be within the boundaries of the central business district.

    You can check the map with the office of the city secretary.

  5. #5
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Can Possession of Open Container Be Charged when Not in a Motor Vehicle Houston T

    I check with the website http://mycity.houstontx.gov/public/ with the 700 Franklin address and has come up with it being council district I, read as below, does this mean its out of central business district?

    Mayor: Annise Parker
    Link to Mayor's Web Site

    Mayor: Annise Parker
    Link to Mayor's Web Site

    The address falls inside City Council District I , which is
    *****represented by James G. Rodriguez.
    *****Link to Member's Web Site

    The address is also served by At Large Council Members.
    At Large Position 1: Stephen C. Costello
    *****Link to Member's Web Site
    At Large Position 2: Andrew C. Burks, Jr.
    *****Link to Member's Web Site
    At Large Position 3: Melissa Noriega
    *****Link to Member's Web Site
    At Large Position 4: C.O. "Brad" Bradford
    *****Link to Member's Web Site
    At Large Position 5: Jack Christie
    *****Link to Member's Web Site

    Super Neighborhood: DOWNTOWN
    No.: 61
    Link to Web Site

    City of Houston City Limits and ETJ
    Service Area Type: FULL

    This address does not fall in the City of Houston ETJ.

    County: Harris
    County Commissioner Precinct: 01

    Management District: Houston Downtown
    TIRZ: MARKET SQUARE
    Texas House District: 147**Link to TX House Rep Web Site
    Texas Senate District: 13**Link to TX Senator Web Site
    US Congressional District: 18

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can Possession of Open Container Be Charged when Not in a Motor Vehicle Houston T

    It would help to know the statute number that appears on the citation.

    However, I found two TX statutes that might apply.

    49.02 - Public Intoxication.
    49.031 - Possession of Alcoholic Beverage in Motor Vehicle.

    Read them at:

    http://law.justia.com/codes/texas/20...10/chapter-49/

    And hire yourself a criminal defense attorney.

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