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by SavageMythology
Wed Feb 15, 2012 5:51 pm
Forum: Never Again!!
Topic: incident with Johnson County Sheriff
Replies: 138
Views: 24989

Re: incident with Johnson County Sheriff

Keith B wrote:
§ 49.031. Possession of Alcoholic Beverage in Motor Vehicle.

(a) In this section:

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
Along with so many others in this forum, I am not a lawyer, but it looks to me like a bone dry can doesn't even qualify as an open container in the first place. In the quoted statute above, "contains" is in present tense, and "partially" further implies that there is still some alcoholic substance left in the container. An empty can, regardless of what was originally contained within, should be perfectly legal.

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