My brother in-law is or was on probation. He was on his way to pick up his brother from workand got pulled over as he got there. He had an open beer can in his car that was his brothers from the night before. They said it was his and said he had been drinking. They made him take the breathalizer test but his asthma is so bad that it did not work. They then made him do the walk the line and other little test. He PASSED them all because he was SOBER. THey still sad the beer was his and put him in jail for "violating his parole." He has done so well on not drinking then he gets arrested for no reason. Is it even legal when he passed the test?!

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Originally Posted by jimmieleeann

He has done so well on not drinking then he gets arrested for no reason.

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Hello j:

It IS against the law to have an OPEN container of alcohol. You're not going to help him if you keep denying he did anything wrong. If you care, the best you can do for him is hire a lawyer.

excon

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Originally Posted by jimmieleeann

My brother in-law is or was on probation. He was on his way to pick up his brother from workand got pulled over as he got there. He had an open beer can in his car that was his brothers from the night before. They said it was his and said he had been drinking. They made him take the breathalizer test but his asthma is so bad that it did not work. They then made him do the walk the line and other little test. He PASSED them all because he was SOBER. THey still sad the beer was his and put him in jail for "violating his parole." He has done so well on not drinking then he gets arrested for no reason. is it even legal when he passed the test??!!!

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Yes, because cops can do whatever they want to.. lol.. it sucks..
But he should have requested a blood test to prove that he did not have any alcohol in his system at all.. he would have got off.

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Originally Posted by Brittney11709

yes, because cops can do whatever they want to.. lol.. it sucks..
but he should of requested a blood test to prove that he did not have any alcohol in his system at all.. he would of got off.

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An open container is an open container and against the law.
I've never been on probation, but assuming that any infraction of the law is a parole violation, then he violated parole by having an open container in the car.

I got one of these tickets myself some years back, and guess what I wasn't drunk, nor was I driving. The open beer can was under the passenger seat of my friends car and I was the unlucky passenger. They checked because they smelled alcohol, sometimes those are the breaks.

Just to add, a parolee on probation has to be extra careful. Your B-I-L needed to check the car before getting behind the wheel.

As noted, an open container is against the law. Rather than deny that he broke the law he needs to throw himself on the mercy of his PO. Point out that he has stayed clean, but he made a mistake by not checking the car.

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Originally Posted by Brittney11709

yes, because cops can do whatever they want to.. lol.. it sucks..
but he should of requested a blood test to prove that he did not have any alcohol in his system at all.. he would of got off.

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The law is no open containers. This has NOTHING to do with whether he can pass a blood test.

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Originally Posted by jimmieleeann

My brother in-law is or was on probation. He was on his way to pick up his brother from workand got pulled over as he got there. ...

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Did they have probable cause to pull him over? If they knew he was on probation, that may suffice, but if the didn't know, I'd be interested and seeing what the probable cause was.

They said they pulled him over under suspicion of drinking... he was at his cousins house and the cop kept circling the block, and his cousin carlos was drinking like usual. Then we he left to pick up his brother the cop followed him then pulled him over. Yesterday he had court and he is locked up but the judge said he was a failure to appear so now he has to deal with that even though the dumbasses have him in a jail cell... these cops and judges are just a big joke

So his attorney did not appear in court and tell the judge he had court ?

So someone did not take to the sheriff office the court papers showing he had court?

What was this court for ? Not for the traffic stop and open container ?

But a open container does not requie one drink out of it, and while where it is in the vechile differs by state, in all, if it is within his reach, then he is guilty of having a open container in the car.

As for the not appearing in court, he merely proves he was in jail,

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Originally Posted by jimmieleeann

.these cops and judges are just a big joke

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You never said what he was on probation for, but this is the price one pays for breaking the law.

He was on probabtion for a dui... and he Didn't break the law after being put on probation. He realized it was a waste of his time.

What was a waste of his time? Probation? Breaking probation?

You're missing the point and the law - he DID break probation if there was an open container in his vehicle.

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Originally Posted by jimmieleeann

he was on probabtion for a dui....and he DIDNT break the law after being put on probation. he realized it was a waste of his time.

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You are still in denial. He drove a car with an open container of alcohol. The law says he cannot do that. So he DID break the law.

An open EMPTY container that he Didn't even know was in the back cup holder. Dude I didn't get on here for some person that doesn't even know anything about the story to tell me I am in denial it is not denial it that our government is full of . It is a bunch of bull for them to lock him up for that. But thank you so much for all of your kind opinions you are a sweetie.

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Originally Posted by jimmieleeann

He had an open beer can in his car that was his brothers from the night before.

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Hello j:

I ain't buying it. Nobody describes empty's as an "open beer can". But, it doesn't matter what you and I think. It only matters what the cops and the judge thinks.

excon

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Originally Posted by jimmieleeann

an open EMPTY container that he DIDNT even know was in the back cup holder. Dude I didnt get on here for some person that doesnt even know anything about the story to tell me I am in denial it is not denial it that our government is full of . It is a bunch of bull for them to lock him up for that. But thank you so much for all of your kind opinions you are a sweetie.

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If the can was empty, then that's his defense in court. But the arresting officer is going to say otherwise. Whether the law is fair is a different discussion. The fact is he was driving with an open can of beer in the car. That is against the law.

And I do know something about the story. I know what you have told us. That is all I can base my advice on.

Let me explain for what good it will do, first I am State trained in Field Sobriety and DUI detection. That includes all the laws and rules it takes for conviction in our state ( Georgia)
Each state will have its own open container laws.

First in our state, the container has to be within reach of the driver, it has to have its seal broken. And it can be empty, empty would show that they already drank it. They do not have to even be tested for DUI, the open container if there is one, is often the charge used if there are issues with the DUI charges. Also "empty" seldom are they completely empty, normally there is some residue in the bottom, cars are hard to totally empty.

But guess what even if they take the can into evidence, the liquid in it is poured out so at court, the issue of how much the can had in it is seldom bought up.

So being on probation, he should have thrown them away, thrown them in the floor of the back seat or something before driving the car.

When I wanted to show a new officer how to make an arrest for this, it was easy, we parked down the street from a local gas station, watched them coming out with a single or even a six pack and would watch them open it as they pumped gas and started to drive away.
Like shooting fish in a barrel.

In Georgia it did not even make a difference if the passenger was the one with the beer, as long as the beer was within reach of the driver. And where is all of the bottle holders, in the middle.

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Originally Posted by jimmieleeann

an open EMPTY container that he DIDNT even know was in the back cup holder. Dude I didnt get on here for some person that doesnt even know anything about the story to tell me I am in denial it is not denial it that our government is full of . It is a bunch of bull for them to lock him up for that. But thank you so much for all of your kind opinions you are a sweetie.

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Sweetie, originally you couldn't figure out why he was arrested when he passed the test. Now you can't figure out whey he was arrested when he could explain the empty can/bottle.

I don't think you are focusing.

Here's one for you - in NY if you have too much to drink and fall asleep in the BACK SEAT of your car in the bar parking lot and the keys are on your person you can will be arrested. You don't have to be driving OR behind the wheel.

Have to wonder why everyone else is able to drive without being pulled over and he can't.

Yes, In Georgia, you have to actually be behind the wheel with the keys in our possession, but do not have to have the car running and of course they car does not have to be moving. Also in Georgia DUI is one of the few charges for driving that can be done on private property.

In some states, as noted you just have to be drunk and with the keys and near the car, even opening the car door.

Hello again,

Not to pile on... But, whether he was guilty of an alcohol offense or not, makes no difference to his PO. I'm sure he's not allowed to even be around EMPTY beer cans.

excon