TexasCHLforum.com

No apology needed, just wish I had popcorn handy

You're correct! I meant drinking then driving. I withdraw my argument

alexrex20 wrote: If you're so worried that breaking other laws will get you pulled over, then maybe you should put your alcohol in the trunk. Or stop drinking and driving. :rolleyes: It really is THAT simple.

responsible drinking and driving is not illegal, if that was the cause restaurants wouldn't serve alcohol. I don't condone it...just sayin

BTW, 67 posts? Wow! Not bad for my second thread

Keith B wrote:
Could also get you in trouble if you like to collect aluminum cans for the ¢¢.

good thing my gpa can't drive anymore!

excellent catch! Indeed that might just be exactly how my lawyer got me out of it. A person can get themselves out of some tight situations if they knew all the details of the law. But I can't help but think how easy it would be to reach over and hide an open container behind the passenger seat in that truck.

jmra wrote:It sure seems to make things a whole lot easier when you are able to honestly answer the officer's question about drinking with a resounding "no sir".

that's why this was posted in the Never Again thread lol!

Rex B thanks for all the knowledgeable input. I was just never sure but now I know the Leo didn't violate any of my rights

So do I! They weren't actually bad at all, much cheaper than what the fines woulda been

Rex B wrote:I think I'd go with (in range of his mic and video camera

"With all due respect, officer, I want it on the record that I do NOT consent to a search of my vehicle."

If he knows he's on shaky legal ground, he may decide it's not worth it.
If he searches the vehicle, and a court case develops, you may have a legal basis to contest the legality of the search.

Interesting point especially when you take into account what happened afterwards. He searched the truck and lo and behold...he found an empty beer can behind one of the seats. long story short I got cited for open container and speeding . Well I obviously do not want this on my clean record so I get an attorney, explain my case and he takes over. I never had to show up to court, he handled it all and presented himself for me. After it was all said and done the judge dropped my open container charge and kept the speeding ticket off my record. I always wondered how my attorney pulled it off and wandered if maybe the officer not getting consent had something to do with it. I probably shoulda asked my attorney but I was just excited to get it over with

Yes it has! Especially after what happened afterwards. I will discuss it after I get some input on the first part.

Almost two years ago on Labor I was pulled over for speeding(54 on 45). It was around 6:30pm(still daylight) and I was driving home from my buddy's house after a day of hanging out by the pool and cooking out. I had three beers and a whole bunch of fajitas and was definitely not drunk. That day for some reason my wife and I were in two different vehicles, i went in my work truck(single cab ranger) and she was in her jeep, my brother was in the passenger side when the LEO pulled me over. After I was pulled over I handed over my DL and insurance(didn't have my chl at that time nor was I carrying). He runs it and comes back a few mins later and asks if I've had anything to drink to which I reply, "yes, throughout the day I've had three beers and my last was about 1 1/2 hours ago." He asks if that's all I've had because he can smell a strong odor of alcohol on my breath, to which I reply "yes." He asks if I have any open containers in the truck as well to which I reply, no. He then asks me to step out and do some field sobriety tests. I follow all his orders pass the test with no problem and he determines I am not intoxicated. What happens next is what got me. He then states to me, "because I smelled alcohol in your vehicle, I have the right to search it without consent, so wait here." This shocked me because I was prepared to not give consent but he obviously didn't give me a choice. Was this legal for the LEO to do this??