View Full Version : Driving WITH opened alcohol?
Mitchell3
06-29-2011, 12:03 AM
A nice General question for the general lounge..
Couldn't find this information for the life of me. I understand all alcohol cannot be within reach of the driver. So that leaves the trunk. But I have this bottle of Bacardi 151 (:chuckle 75.5%) that I'd like to finish off on a trip to a cottage. Its opened, but you can obviously screw the lid back on unlike a can of beer for example. Is it okay as long as its in the trunk..?
Thanks!
PCLoadLetter
06-29-2011, 12:05 AM
You should be fine if it's in the trunk but make sure it's stored away in a bag or a cooler and don't drink it on the way up lol.
Burner
06-29-2011, 12:09 AM
Just stick it in the cup holder. :P
151 FTW!
Mitchell3
06-29-2011, 12:15 AM
You should be fine if it's in the trunk but make sure it's stored away in a bag or a cooler and don't drink it on the way up lol.
Hahaha, hence the title 'WITH' trying hard not to come across as drinking and driving. Okay, thats what I was half gathering from what I found on the internet.
Just stick it in the cup holder. :P
151 FTW!
That would go over great if I got pulled over!
:chuckle Clan Tag on call of duty B151 !
PR3Y11
06-29-2011, 02:43 AM
if it's in the trunk there won't be any issues even without it being packed away.
shu5892001
06-29-2011, 02:49 AM
151 ftw
Dave_The_BMXER
06-29-2011, 07:26 AM
You guys drink rocket fuel.
As long as it in the trunk you are fine.
sp3GT
06-29-2011, 08:15 AM
From what I know, any type of opened alcohol has to be in the trunk.
That includes even a opened case of 24 even if none of the beers are open.
Mitchell3
06-29-2011, 08:39 AM
Awesome thanks guys! I was just worried I wouldn't be able to take it period.
bubba1983
06-29-2011, 09:24 AM
pff i always have a bottle of whiskey in the trunk ready to go incase a party arises out of nowhere
Default User
06-29-2011, 09:35 AM
But if it's in the trunk - how the hell do you refill? J/K
http://a3.sphotos.ak.fbcdn.net/hphotos-ak-snc6/225831_125415324204197_100002071899249_201739_4926 773_n.jpg
I'd be really cautious with the 151 around an open flame though
JaYson
06-29-2011, 10:49 AM
Just pour the remaining 151 into a X-Large Timmys cup with the lid on, and rock it in the cup holder!
but really, as long as its in the trunk you're good to go.
dave2010GT
06-29-2011, 11:38 AM
151 might eat through the timmys cup lol
Skippy
06-29-2011, 12:16 PM
The open bottle is only a ticket anyways. Just put it in a backpack, in the backseat:)
leungalv
06-29-2011, 12:52 PM
As per Ontario Liquor License Act section 32 -
32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).
Exception
(2) Subsection (1) does not apply if the liquor in the vehicle,
(a) is in a container that is unopened and the seal unbroken; or
(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle. R.S.O. 1990, c. L.19, s. 32 (2).
Penalties under s. 61(3)(b) - an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or both.
JaYson
06-29-2011, 01:01 PM
so i think trunk is the way to go...if you have one of those trunk safes taht would be better
PCLoadLetter
06-29-2011, 02:11 PM
Keep in mind guys, he's in a hatchback. I take it you're going to remove the hatch cover extra storage space?
This being the case, the bottle would be "readily available" so it's a good idea to have it packed away in a bag or cooler just to be safe.
leungalv
06-29-2011, 03:11 PM
Keep in mind guys, he's in a hatchback. I take it you're going to remove the hatch cover extra storage space?
This being the case, the bottle would be "readily available" so it's a good idea to have it packed away in a bag or cooler just to be safe.
However, according to the case of R. v. Trela, 2009 ONCJ 167, "readily available" was construed by the judge to mean "easily accessible to the defendant." I'm under the assumption that if the driver is driving the car, or where the car is engaged and the driver being in the drivers seat, if the alcohol was located in the trunk, it would not be "easily accessible" to the driver if the alcohol is in the trunk regardless of whether the hatch cover was attached or not. :)
JaYson
06-29-2011, 03:36 PM
I don't think it'll be a problem, just throw it in a bag or container of sorts, and then just put it out of arms reach in the back.
I drove from toronto to victoria, BC and back with liquor just sitting in a milk crate loaded in the back. mind you it was def. not accessible b/c the car was so rammed. but nonetheless it was there.
unless you get pulled over and give the cop serious reason to pin you for everything possible under the sun, you'll be fine you just put it in a bag and toss it in the back out of arms reach.
Mitchell3
06-29-2011, 04:54 PM
Probably will throw it in my suitcase in the back next to the subs. Maybe even behind the subs if I'm paranoid enough. Gotta get on my friends too to make sure they put all the alcohol in the back.
Just pour the remaining 151 into a X-Large Timmys cup with the lid on, and rock it in the cup holder!
but really, as long as its in the trunk you're good to go.
:chuckle And get pulled over "I HAD TO GO TO THE BATHROOM SO BAAAAAD"
PCLoadLetter
06-29-2011, 05:02 PM
However, according to the case of R. v. Trela, 2009 ONCJ 167, "readily available" was construed by the judge to mean "easily accessible to the defendant." I'm under the assumption that if the driver is driving the car, or where the car is engaged and the driver being in the drivers seat, if the alcohol was located in the trunk, it would not be "easily accessible" to the driver if the alcohol is in the trunk regardless of whether the hatch cover was attached or not. :)
If there's a passenger in the back seat, that changes.
Lummix
06-29-2011, 05:34 PM
Let's be reasonable....Even if there is a passenger in the back and the hatch cover is off to allow for more storage, no cop is going to nail you for it unless you or your passengers are shittered or being complete jackasses.
Burner
06-29-2011, 05:38 PM
Let's be reasonable....Even if there is a passenger in the back and the hatch cover is off to allow for more storage, no cop is going to nail you for it unless you or your passengers are shittered or being complete jackasses.
Truth.
PCLoadLetter
06-29-2011, 07:08 PM
Let's be reasonable....Even if there is a passenger in the back and the hatch cover is off to allow for more storage, no cop is going to nail you for it unless you or your passengers are shittered or being complete jackasses.
Agreed but what if the cop is a jackass? Stranger things have happened.
m_bisson
06-30-2011, 06:32 PM
You could drive with a bottle of vodka between your legs and as long as the seal isn't broken you're fine.
And passengers do not affect this. If you're driving a mini van and the kids are in the back seat with a cooler between them to keep things fresh there really is no problem. Even in a mazda 3 with the hatch cover taken out, the driver still cannot reach the booze from the drivers seat. It's fine :)
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