Posts Tagged ‘open container’

Alleged Assault and Retail Theft Land Utah Man in Jail

Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Dealing with Police
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A Utah man was arrested Tuesday under suspicion of assault on a police officer, retail theft, interference with arrest and open container violations. The man walked into a convenience store, picked out two containers of beer and told the clerk he was taking the beer with him and that police could find him at a park around the corner. As strange as that may seem, the man actually did go to the park and wait for the police to arrive.

Photo: Paul Joseph

When the first police officer arrived, the man challenged him to a fight. By the time the second officer came on the scene, the man allegedly tried to punch both officers. After a struggle, the officers took the man into custody.

Assault on a police officer is generally a class A misdemeanor, while interference with arrest is a class B misdemeanor. The possible penalties include spending up to a year in jail on an assaulting a police officer charge, and zero-six months in jail for interfering with an arrest. Retail theft can be anything from a class B misdemeanor to a second-degree felony, depending on the value and type of property stolen and whether the individual has any prior theft convictions. An open container violation is a class C misdemeanor and can carry a jail sentence of up to 90 days.

Whether or not the man was inebriated before allegedly stealing the beer is unclear. However, this true story should remind each of us of a few good rules to live by:

• Don’t drink too much alcohol. If you don’t determine what your limit is, law enforcement may do it for you.
• If you are going to drink beer, or anything else, pay for it before you leave the store.
• If you find yourself in a sticky situation with police, don’t attempt to assault them. Actually, don’t say or do anything. If they want to arrest you, go along quietly.
• When all is said and done, if you’re facing criminal charges, contact a reputable Utah criminal defense attorney immediately. Don’t compound earlier mistakes with further lapses in judgment. Do yourself a favor and get the legal help you need.

Question: Can you carry open containers of alcohol in your car?

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  DUI in Utah, Question
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Photo: DrPantzo

Photo: DrPantzo

Question: I’ve heard that you can’t carry open bottles of alcohol in your car, but my friends and I do it all the time.  What are you supposed to do when you have bottles of wine or handles of liquor that you want to bring home from a party?  I don’t want to get an open container ticket.

A lot of myths about various laws are perpetuated because misinformation is passed along.

Here’s the deal on carrying opened bottles of liquor in your car:
Put the opened bottles of liquor in your trunkWe’ve written on Utah Open Container Laws before. Truly, the only thing you need to do to avoid an open container ticket is to put the liquor in your truck.  If you want to protect yourself even more from any prosecution, get in the habit of putting all alcohol in your truck.  That way, you can never be accused of illegally carrying liquor.

Imagine a scenario where you get into a car accident and the police find broken bottles of beer in your car.  They could assume that the accident was caused by your drinking and charge you with a DUI.  While this scenario may be far fetched, the criminal defense area is full of unbelievable stories.

Utah’s Open Container Law

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Alcohol in Utah, Dealing with Police, Utah Law
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Most states (including Utah) prohibit people from possessing or drinking alcohol from an open container in certain areas.  One of those areas is  a vehicle traveling on a road.  Utah’s Open Container law prohibits people from drinking, keeping, or transporting any alcoholic beverage with a broken seal in the passenger compartment.

A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on any highway, any container which contains any alcoholic beverage if the container has been opened, its seal broken, or the contents of the container partially consumed.  U.C.A. § 41-6a-526(3).

This doesn’t mean that after opening an expensive bottle of wine, a person cannot bring it to a friend’s house for dinner.  Utah’s Open Container law only prohibits people from putting in the passenger compartment, which is defined as “the area of the vehicle normally occupied by the operator and passengers” and “areas accessible to the operator and passengers while traveling, including a utility or glove compartment.”  U.C.A. § 41-6a-526(1)(d)(i-ii).  The passenger compartment does not include “a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.”  U.C.A. § 41-6a-526(1)(d)(iii).

Therefore, you should always put open bottles of alcohol in the trunk of your car.  Not only will this protect from breaking Utah’s Open Container law, but it will also protect you from an unauthorized police search of your vehicle.  To search the trunk of a car, police need a search warrant.

If you have been charged with violating Utah’s Open Container law, contact a top Utah criminal attorney who can help defend you against this charge.

Utah Criminal Law Question: Can I drink alcohol as a passenger in Utah?

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Question, Utah Legal Definition
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Utah Criminal Law Question: Can I drink alcohol as a passenger in a car in Utah.  I am always careful to obey the law, and I don’t mess with drinking and driving.  Last Saturday night, my friend was assigned to be the designated driver.  A Salt Lake City cop pulled us over and gave everyone in the car  tickets even though WE weren’t driving!  He told us that drinking isn’t allowed in vehicles.  We were drinking in the car, but we were being safe because none of us were driving.  Can I get out of this ticket?

It was very good to find a friend to be your designated driver.  Although you were not personally driving, Utah law prohibits passengers from drinking alcohol in the vehicle.

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.  U.C.A. § 41-6a-526(2).

The law wouldn’t even let you drink as a passenger in a car that is stopped on a street.  The probable rationale is that drinking passengers are a distraction to the driver.  The law also prevents you from drinking alcohol even if the car is parked on the street.

The only way passengers in Utah can drink alcohol in a vehicle is if the vehicle is a limousine.  Even then, the limo must begin at someone’s house or hotel and the limo driver must be separated from the passengers by a partition.  See U.C.A. § 32A-12-213(3)(b)(i-ii).

Because ignorance isn’t a defense to any law, your defense would most likely involve other matters (such as whether the cop had probable cause to pull the driver over in the first place).  You should contact a knowledgeable Utah Criminal defense lawyer who can help defend you against this charge.