Open Container One of Charges for Man who Head-butts Patrol Car

open container for head-butting man

Photo: SimplyElke

A man was arrested in Davis County on Wednesday, March 11, after allegedly smashing a window in a patrol car with his head and threatening law enforcement, among other things. While the man received a laundry list of potential charges which aren’t as common—both felonies and misdemeanors—the charge of having an open container in the vehicle is one that occurs a little more frequently.

A Perfect Example of “Disorderly Conduct”

According to a report in KSL News, at approximately 10:30 p.m. on Wednesday night, a Clinton patrol officer stopped Randy Duane Ochsner, 54, and was soon assisted by a Davis County Sheriff’s Office deputy. Believing Ochsner to be driving impaired—but not yet having discovered the open container… or other things in the vehicle which would get Ochsner in trouble—a field sobriety test was conducted during which Ochsner became agitated. After being cuffed against the passenger side of the patrol car, things just got worse.

According to Sgt. DeeAnn Servey, “He became very upset and decided to bash his forehead into the passenger rear window of the Davis County Sheriff’s patrol car, which led to the window completely shattering and several injuries to his face.”

When medical personnel responded, Ochsner was still reportedly belligerent, attempting to kick one of the EMTs and spit on both health care workers and responding officers, the latter of which landed him a “propelling a bodily substance” assault charge.

In addition, while traveling to a local hospital, Ochsner allegedly threatened to shoot one of the deputies in the head. After treatment for his injuries, Ochsner was transported to the David County Jail. A search of his vehicle turned up drug paraphernalia and controlled substances, which lead to possession charges for both.

In addition to those charges and propelling a bodily substance, Ochsner was arrested on suspicion of assaulting an officer, interference with an arresting officer, making terroristic threats, criminal mischief, failure to install an ignition interlock device, being an alcohol restricted driver, driving under the influence with two or more prior convictions within 10 years, and having an open container in the vehicle.

Understanding the Open Container Law

While the least serious of Ochsner’s charges, having an open container is a charge many people come face-to-face with, sometimes simply for not understanding the law. According to 41-6a-526 of the Utah Motor Vehicles Traffic Code, “a person may not drink any alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.”

This section of the open container code also states that a person may not have a container with a seal that has been broken or contents partially consumed in the passenger compartment, including a utility of glove compartment, even if they aren’t driving impaired.

Exceptions for both the drinking and possession of an open container are made for passengers in the living quarters of a motor home or camper, a limousine or chartered bus, or in a motorboat. While drinking in a taxicab or bus is still prohibited, possession of an open container in those vehicles is legal.

Breaking this section of the traffic code is a class C misdemeanor, punishable by up to 90 days in jail and a $750 fine. Even though class C is the least serious of the misdemeanors, it’s still not something to gamble with. If you or someone you know has been charged with being in possession of an open container, contact an experienced criminal defense attorney.

Aggravated Kidnapping for Man Holding Own Family Hostage

Aggravated Kidnapping Man Holds Family Hostage

Photo: Evans-Amos/Wikimedia Commons

A man who was arrested last month after a tense police standoff has been charged with aggravated kidnapping among numerous other felony and misdemeanor charges. The man had been holding his family hostage with a box cutter.

Not His First Run-in With the Law

According to a report from KSL News, on Tuesday, Feb. 24, Keaton Darrell Yeates, 24, was arrested after forcing his way into his parents’ home after they refused to take him to see his ex-girlfriend. The charging documents filed in Third District Court on Friday, March 6, stated that Yeates smashed his head through a wall and then broke down a door. He then forced his mother, sister, and two of his sister’s male friends into one of the bedrooms and told them they couldn’t leave, wielding a box cutter. The box cutter is what turned the charge from regular kidnapping to aggravated kidnapping.

One of the male friends received a cut from Yeates when the friend tried to stop Yeates from harming himself with the box cutter. The incident led to a police standoff, and when Yeates went to a window to speak with the police, everyone but the mother was able to escape. Officers were able to get into the home and subdue a resisting Yeates.

The final charges were five counts of aggravated kidnapping, two counts of assaulting an officer, aggravated abuse of a vulnerable adult, aggravated assault, two counts of domestic violence in the presence of a child, child abuse, interfering with an arresting officer, and two counts of criminal mischief.

This isn’t Yeates’ first run-in with the law. In October, Yeates was arrested for smoking marijuana and being in possession of oxycodone while visiting his grandmother at a nursing home.

[For more information, click “Man Arrested for Marijuana Possession in a Retirement Center”]

Aggravated Kidnapping a First Degree Felony

According to Utah Criminal Code 76-5-302, in Yeates’ case, aggravated kidnapping occurs “if the actor [Yeates] in the course of committing unlawful detention or kidnapping … possesses, uses, or threatens to use a dangerous weapon.”

Aggravated kidnapping is a first degree felony, the most serious of the felony charges, punishable by five years-to-life in prison. If the suspect actually causes serious bodily injury to another or has a previous grievous sexual offense, they could be sentenced to life without possibility of parole.

If you or someone you know has been charged with aggravated kidnapping, don’t leave “life” in the hands of a public defender (especially life without parole). Contact an experienced criminal defense attorney who will look out for your best interests.