Popping The Cork
By Kleinheider Posted on May 8, 2008 at 4:31 pmGlen Dean, self-styled libertarian that he is, just doesn’t see the wisdom in open container laws:
Personally, I don’t understand open container laws, and I am talking about the driver, not just the passenger. Why is it legal for somebody to sit down at dinner, have two beers, but still not be drunk, and then get in their car and drive home, while it is illegal for a working man to stop at Mapco on the way home from work, buy one beer, and drink it on the way? It is already against the law to drive drunk. Why does it have to be against the law to have a beer open in your vehicle? Stupid, if you ask me.
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The point kind of makes sense. If someone isn’t under the influence, drinking a beer while driving is no less safe than drinking a Pepsi while driving. Prohibit them both or allow them both, because the act of drinking itself is no different no matter what is in the can. If someone is under the influence, then that is punished separately regardless of whether he has one in his hand. One counterpoint might be what about a situation in which someone is right on the edge - not quite over the legal limit - but we know that the beer he has in his hand will necessarily put him over the limit in the next 15 minutes when a police officer may not be there to stop him.
Like making not wearing a seat belt a primary offense, such laws unite the nanny-staters with the cops, who can use such “offenses” to bootstrap searches for dope.
It doesn’t take much alcohol for a person, particularly a female, to become impaired, though not “officially” intoxicated.