Is it Legal For My Wife To Have a Beer..............

[Paul Wilbert]

Has anyone been ticketed for carrying and or drinking alcohol in their Newell Coach. Is it legal for my wife to have a beer on the couch while i am driving to a destination? Whats the deal??

[express1]

Sure it is! And all speed limits are 75mph.

Todays world, anyone with a badge and gun call all the shots..

Ron Skeen is the only person I know that has ever, EVER been given a ticket.....(speeding) Any ticket!!!
I've been maybe 50-60k and never been stopped. Its not to easy to pull a 70' rig on the side of any road....Just to check if a passenger is drinking.
I can remember when Louisiana didn't have open container laws.....You could drink and drive... Not drunk and drive....

[The Newell]

It depends on the law in whatever state you are in at the time but most states have what is known as an "open container law" which makes it illegal to have an alcoholic beverage open in the vehicle. Obviously this would not normally apply when the motor home is parked and set up but many campgrounds even have restrictions on alcohol.

[JustDustin]

When in doubt stick to the safe side.

[Texas Pete]

We have never heard of much issue with sort of thing. As long as you are a passenger and sitting buckled in they can really do anything to you and that is if they even wanted to.

[NewellCrazy]

This is what law states in Texas:

Does the motor vehicle have to be moving for a violation to occur?
No. Under the law, a person commits an open container offense by possessing an open container in the passenger area of a motor vehicle regardless of whether the vehicle is being operated or is stopped or parked. There is an exception for people who are passengers in a bus, taxi, or limousine; or who are in the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, motor home, or recreational vehicle.

[The Newell]

This from the CA DMV website:

23226. (a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

(c) This section shall not apply to the living quarters of a housecar or camper.[/b]

[Paul Wilbert]

So is it safe to assume the law changes state by state or is it based upon your home state laws ?

[cdat]

The state law that applies would be that State that you are driving in. The way it has always been explained to me is, if the alcoholic beverage is within reach of the driver then you are breaking the law, this is only in a M/H or camper. As always, the officer standing in front of you is going make the decision based on his mood, your attitude, and the alignment of the moon and stars.

John

[prairieschooner]

Last time I was in Texas it didn't matter driver or passenger. Things do change, even on boats!

[77newell]

I dunno, is she of legal drinking age?