Open Container?
Extreme HDF Member
Joined: Jun 2007
Posts: 12,653
Likes: 18
From: Broken Arrow, Oklahoma
If it is in the saddlebag or tour pak and LOCKED, you don't give the LEO a hard time AND you HAVE NOT been drinking already, I don't believe there is going to be any hassle. Forget any of the above and you could have a problem. Done this many times, use some common sense, all will be well ........
We have a winner!
Even if it's in a leather saddle bag that isn't locked. If you HAVE NOT been drinking and you have a good attitude toward the LEO, a simple explanation as to why it's there may get you off the hook. Something like, "a friend gave it to me so I'm taking it straight home" etc. If however, you are 3 states away from home, you might be screwed.
Road Captain
Joined: May 2008
Posts: 616
Likes: 70
we 'open containered' all the way to sturgis and back with no problems at all. dont give anyone a reason to stop you and if they do, be cool. most cops understand your just passing thru and don't bother you unless it's called for.
Extreme HDF Member
Joined: Jun 2007
Posts: 12,653
Likes: 18
From: Broken Arrow, Oklahoma
This is also true. UNLESS........ they smell alcohol on your breath and/or you mention that there is a bottle in the bag. Or, if you actually get arrested and they inventory the saddle bags for impound. If they find it then, it's an additional charge.
Road Master
Joined: Jun 2009
Posts: 1,117
Likes: 5
Here it wouldnt be Illegal as long as you couldnt access it while moving. Here it is perfectly legal to have a open, but capped bottle in the trunk, out of reach of the occupants.
Illegal, isnt that a sick bird?
Illegal, isnt that a sick bird?
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Tourer
Joined: Jan 2009
Posts: 326
Likes: 1
From: New Jersey
Here in the great state of NJ you can carry a bottle that has been opened as long as it is locked in the trunk (or saddlebag in this case). The ABC here states that they do this so as not to encourage people to drink more than they normally would in an effort to avoid waste. My experience here is that most LEOs (no offense to those here) do not know the nuances of the law that would permit them to make this distinction.
Seasoned HDF Member
Joined: Jun 2007
Posts: 5,763
Likes: 371
From: North of Hell, South of Heaven
Something like 39 states comply to the same open container law, which states that it has to be accessible. I can't imagine a LEO considering a saddlebag locked or not, accessible. Stranger things have happened....