At 09:01 PM 6/6/2003, David Brodbeck wrote:
>I've *heard* of people being ticketed simply because they were legally
>drunk, in the car, and had the keys in their posession, but those were all
>third-hand stories so I don't know how truthful they are.  I imagine it
>would depend on the laws in your area, how busy the cops are tracking down
>*real* criminals, and how much of a quota they have to meet.  I also have
>doubts that it'd hold up in court if you really didn't plan on going
>anywhere.

I can speak for Massachusetts -- a good friend was a public defender
there.  The charge is *Operating* under the influence, and they construe
that harshly.  If you're running the radio with the keys in, you're
dead.  If you're sitting in the front seat with the keys in your pocket
you're probably dead.  If you're asleep in the back seat with the keys in
your pocket your still probably dead but at least your lawyer will have
something to work with.  If the keys are locked in the trunk (and you're
not) I surmise that you are probably ok.  If you're in the trunk with the
keys you probably have a bullet hole in you and are no longer interested in
the proceedings.

>I've been told, but never confirmed, that because my Westy is registered
>as a motorhome it's legal for passengers to drink in the back *while it's
>being driven*, but I'm not sure if that's true or one of those urban
>legends.  They do it in limos, though, so there must be some exceptions to
>the open container laws.

That's the burning question -- where does a Westy stand in that regard.  I
think it would be a lot easier to make the distinction if there were a door
in there somewhere...and the lack of a built-in head may disqualify it from
RV status.

david

--
David Beierl - Providence RI USA -- http://pws.prserv.net/synergy/Vanagon/
'84 Westy "Dutiful Passage"
'85 GL "Poor Relation"