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sael
My employee was fishing the Onion branch of the Winooski River in E Montpelier last weekend and Fish and Game officer approached him and his friend for a license check all was well there but the officer asked them whose beer was there and my guy said it was his. He got written up for an open container violation and a $55 fine. WTF you can't sit next to a stream and have a beer now. Anyone know if this is bogus or not?
800ho
QUOTE(sael @ May 22 2008, 07:36 PM) *
My employee was fishing the Onion branch of the Winooski River in E Montpelier last weekend and Fish and Game officer approached him and his friend for a license check all was well there but the officer asked them whose beer was there and my guy said it was his. He got written up for an open container violation and a $55 fine. WTF you can't sit next to a stream and have a beer now. Anyone know if this is bogus or not?
The nerve of him fishing and having a beer....what IS this world coming to? The thing that I don't understand is that if we are not allowed to drink it why are the breweries allowed to brew it?
weatherman
QUOTE(sael @ May 22 2008, 07:36 PM) *
My employee was fishing the Onion branch of the Winooski River in E Montpelier last weekend and Fish and Game officer approached him and his friend for a license check all was well there but the officer asked them whose beer was there and my guy said it was his. He got written up for an open container violation and a $55 fine. WTF you can't sit next to a stream and have a beer now. Anyone know if this is bogus or not?



Wow, this is scary...what about ice fishing? Is it illegal to have a beer when ice fishing too? I might have just lost a hobby.....
tirolskier
QUOTE(weatherman @ May 23 2008, 06:37 AM) *
Wow, this is scary...what about ice fishing? Is it illegal to have a beer when ice fishing too? I might have just lost a hobby.....



alcohol impairs one's ability to act and react, and one must be riveted on the flag in case it pops. A beer or three might delay that reaction by a few seconds. sarcasm.gif
weatherman
QUOTE(tirolskier @ May 23 2008, 09:49 AM) *
alcohol impairs one's ability to act and react, and one must be riveted on the flag in case it pops. A beer or three might delay that reaction by a few seconds. sarcasm.gif



You make a strong point Tirol' - but its a comprimise that I'll "suck it up" and accept...

As long as I don't get a ticket, that is...
serbiesnow
open container laws only aply to moving autos,..I hope your friend didnt pay that ticket in cash,..today I rode my atv about 8 miles with my dog on the back, and a capain morgan and coke in the left hand,..didnt spill a drop,...KRIPES!! even in Ct I know that the cops dont care about that shit,..your friend should have knocked that cops head off,..he was an asshole!
DooinVT
You need to put it in a paper bag.....then they will need a warrent to shearch your property......
sam6969
the law must apply to all vehicle occupants. But, the law may provide an exception for open containers of alcoholic beverages possessed by passengers “in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation” (e. g. , buses, taxicabs, and limousines). Of the 40 federally-compliant jurisdictions, four do not include such an exemption for paying passengers. The other 36 include the exemption as phrased in the federal statute, or some variation of it. Thus, for example, passengers in a registered, permitted limousine operated by a properly licensed driver and in accordance with applicable laws may possess open containers and consume alcoholic beverages in the passenger area of the limousine

The max penalty is $50 for vermont don't know where they got the other $5 from




FEDERAL REQUIREMENTS FOR OPEN CONTAINER LAWS

Federal law authorizes the transfer of a portion of a state's federal highway construction funds to the state's safety grant program if the state does not comply with the federal program requirements for enacting open container laws. Transferred funds may be used only for alcohol-impaired driving countermeasures, enforcement of drunk driving laws, or the state's hazard elimination program.

To comply with the federal program, a state's open container law must:

1. prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;

2. cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;

3. apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain 0. 5% or more of alcohol by volume (including 3. 2% beer);

4. apply to all vehicle occupants except for passengers of vehicles designed, maintained, or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines), or the living quarters of motor homes;

5. apply to all vehicles on a public highway or the right-of-way (i. e. on the shoulder) of a public highway; and

6. require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.

To avoid the transfer of funds, a state must certify that its laws comply with each of the criteria specified above and that the state is enforcing the law.

STATE OPEN CONTAINER LAWS

Table 1 provides a summary of the maximum penalty assessed for violating open container laws in the jurisdictions that comply with the federal requirements. The amounts shown do not include any additional penalties, fees, assessments, or surcharges that may accrue under the jurisdictions' laws. The maximum base penalties tend to be between $ 100 and $ 500, but vary in some states based on 1st, 2nd, or subsequent offense.

Table 2 identifies the 40 federally-compliant jurisdictions and each one's (1) penalty for a violation and (2) paying passenger exception (if any).

Table 3 lists the five jurisdictions that have open container laws that do not comply with the federal requirements, each one's penalty for a violation, and the apparent deficiency making the law non-compliant.

Table 4 includes the six jurisdictions, including Connecticut, that prohibit consumption of alcoholic beverages in certain circumstances (e. g. , in a public place, while operating a motor vehicle) and each one's penalty for a violation.

Table 1: Maximum Base Penalty Dollar Amount for Open Container Violation in Federally-Compliant Jurisdictions




http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm
DooinVT
QUOTE(sam6969 @ May 27 2008, 06:09 PM) *
the law must apply to all vehicle occupants. But, the law may provide an exception for open containers of alcoholic beverages possessed by passengers “in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation” (e. g. , buses, taxicabs, and limousines). Of the 40 federally-compliant jurisdictions, four do not include such an exemption for paying passengers. The other 36 include the exemption as phrased in the federal statute, or some variation of it. Thus, for example, passengers in a registered, permitted limousine operated by a properly licensed driver and in accordance with applicable laws may possess open containers and consume alcoholic beverages in the passenger area of the limousine

The max penalty is $50 for vermont don't know where they got the other $5 from
FEDERAL REQUIREMENTS FOR OPEN CONTAINER LAWS

Federal law authorizes the transfer of a portion of a state's federal highway construction funds to the state's safety grant program if the state does not comply with the federal program requirements for enacting open container laws. Transferred funds may be used only for alcohol-impaired driving countermeasures, enforcement of drunk driving laws, or the state's hazard elimination program.

To comply with the federal program, a state's open container law must:

1. prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;

2. cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;

3. apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain 0. 5% or more of alcohol by volume (including 3. 2% beer);

4. apply to all vehicle occupants except for passengers of vehicles designed, maintained, or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines), or the living quarters of motor homes;

5. apply to all vehicles on a public highway or the right-of-way (i. e. on the shoulder) of a public highway; and

6. require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.

To avoid the transfer of funds, a state must certify that its laws comply with each of the criteria specified above and that the state is enforcing the law.

STATE OPEN CONTAINER LAWS

Table 1 provides a summary of the maximum penalty assessed for violating open container laws in the jurisdictions that comply with the federal requirements. The amounts shown do not include any additional penalties, fees, assessments, or surcharges that may accrue under the jurisdictions' laws. The maximum base penalties tend to be between $ 100 and $ 500, but vary in some states based on 1st, 2nd, or subsequent offense.

Table 2 identifies the 40 federally-compliant jurisdictions and each one's (1) penalty for a violation and (2) paying passenger exception (if any).

Table 3 lists the five jurisdictions that have open container laws that do not comply with the federal requirements, each one's penalty for a violation, and the apparent deficiency making the law non-compliant.

Table 4 includes the six jurisdictions, including Connecticut, that prohibit consumption of alcoholic beverages in certain circumstances (e. g. , in a public place, while operating a motor vehicle) and each one's penalty for a violation.

Table 1: Maximum Base Penalty Dollar Amount for Open Container Violation in Federally-Compliant Jurisdictions
http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm

So........is it against the law to drink a beer on a riverbank?
jethroxlt
I think that is called drinking in public, and it's illegal. Even if you are in the middle of the woods and drinking, it's illegal. I think there are three things nessecary to consume alchohol:
1. You need to be on your own property
2. You need the permission of the property owner (be it public or private property)
3. You need to be drinking in a privately owned, licensed establishment.
If it's public property, put it in a bag or anohter vessel.
serbiesnow
QUOTE(jethroxlt @ May 29 2008, 12:47 PM) *
I think that is called drinking in public, and it's illegal. Even if you are in the middle of the woods and drinking, it's illegal. I think there are three things nessecary to consume alchohol:
1. You need to be on your own property
2. You need the permission of the property owner (be it public or private property)
3. You need to be drinking in a privately owned, licensed establishment.
If it's public property, put it in a bag or anohter vessel.

Well,..how does one say !!!FU!!! to that law?? What a bunch of crap,..we used to be a free country, our biggest problems were major crimes, like murder, rape, robery, now we need the gestapo to enforce this crap to make their over zealous bugets make ends meet, and in the meantime, take (see.. 'steal') money from a law abiding fisherman, or anyone outdoors, I cant wait for the day we take our country back, I can guarantee you that myself and the cop that gave that ticket to the guy drinking a beer by a river wasnt me,..one of us wouldnt have walked away. Some things are still worth fighting for, especially if you really know your in the right!
DooinVT
I'm gonna go stand on my neighbors lawn and drink a beer without his permission...................F.U. Johnny Law pee.gif






FreezOrBurn
I know this will make me unpopulare but SCREW VT LAW ENFORCEMENT. Every time a cop sees my NJ plate I get a ticket. THEY LOVE TO TRAP OUT OF STATE PEOPLE. Over the past 10 years I got a tickets for:

1) LICENCE PLATE LIGHT being out (When he saw I was not drunk he just had to give me a ticket for something)
2) Rolling threw a stop sign at 2 am (I slowed down to "barley moving" and this creep gave me a ticket for not a complete stop!, there wasn't another car in sight for MILES.
3) Just Recently 11 MPH over the speed limit 66 in a 55. The COP must have been high.
serbiesnow
QUOTE(FreezOrBurn @ Jun 4 2008, 03:42 PM) *
I know this will make me unpopulare but SCREW VT LAW ENFORCEMENT. Every time a cop sees my NJ plate I get a ticket. THEY LOVE TO TRAP OUT OF STATE PEOPLE. Over the past 10 years I got a tickets for:

1) LICENCE PLATE LIGHT being out (When he saw I was not drunk he just had to give me a ticket for something)
2) Rolling threw a stop sign at 2 am (I slowed down to "barley moving" and this creep gave me a ticket for not a complete stop!, there wasn't another car in sight for MILES.
3) Just Recently 11 MPH over the speed limit 66 in a 55. The COP must have been high.

Hehehe,.l was clocked at about 68-70 MPH near exit 10 on 91 south, the limit drops to 55 here, the cop pulled out, threw on his lights, and started to catch up to me, he was right behind me, saw my VT plate and then dropped back a car to pull over the other guy from NY! yelrotflmao.gif
MXZ_700_Renegade
QUOTE(serbiesnow @ Jun 23 2008, 01:34 AM) *
Hehehe,.l was clocked at about 68-70 MPH near exit 10 on 91 south, the limit drops to 55 here, the cop pulled out, threw on his lights, and started to catch up to me, he was right behind me, saw my VT plate and then dropped back a car to pull over the other guy from NY! yelrotflmao.gif



Hearing this makes me furious. I am involved in law enforcement and I can't stand it when this type of behavior occurs. It simply is not right, nor is it legal (in my opinion). What it really is, is a mis-use and malpractice of sorts w/ abusing their authority. It seems that this type of behavior occurs more and more. And I can tell you what it is...It's these young kids that somehow got lucky enough to get on a police dept or state police because they scored well on a test, had a "veteran's status," knew someone, is all jacked up on roids or goes to the gym religiously because they're so self conscious that they feel the need to hurt and "get at others" to make themselves feel better. Then again, there's the old guys too...

Needless to say, I get disgusted when I see a COP in a cruiser put his lights on and get ready to pull someone over, then actually shut their lights off and go after someone else because they have an "out of state plate." What's even worse is when a COP pulls out, throws on the lights, busts his way through traffic mercilessly, then just shuts the lights off and resumes "normal" speed.

Guess there's a reason I'm not a cop...I'll stick to working behind the walls...
Snow Dawg
cop.gif
QUOTE(FreezOrBurn @ Jun 4 2008, 01:42 PM) *
I know this will make me unpopulare but SCREW VT LAW ENFORCEMENT. Every time a cop sees my NJ plate I get a ticket. THEY LOVE TO TRAP OUT OF STATE PEOPLE. Over the past 10 years I got a tickets for:

1) LICENCE PLATE LIGHT being out (When he saw I was not drunk he just had to give me a ticket for something)
2) Rolling threw a stop sign at 2 am (I slowed down to "barley moving" and this creep gave me a ticket for not a complete stop!, there wasn't another car in sight for MILES.
3) Just Recently 11 MPH over the speed limit 66 in a 55. The COP must have been high.



Hearing all this whinning made me think of this Joke. So...What do you want??

A lawyer runs a stop sign and gets pulled over by a State Trooper.

He thinks that he is smarter than the Trooper because he
is a lawyer from Connecticut and is certain that he has a better
education then any cop from Vermont . He decides to
prove this to himself and have some fun at the Vermont Trooper's
expense.

The Trooper says," License and registration, please."

"What for?" says the lawyer.

The Trooper says, "You didn't come to a complete stop at the stop
sign."

Then the lawyer says, "I slowed down, and no one was coming."

"You still didn't come to a complete stop, Says the Trooper.
License and registration, please."

The lawyer says, "What's the difference?"

"The difference is you have to come to complete stop, that's the
law. License and registration, please!" the Trooper says.

Lawyer says, "If you can show me the legal difference between slow
down and stop, I'll give you my license and registration; and you
give me the ticket. If not, you let me go and don't give me the
ticket."

"That sounds fair. Please exit your vehicle, sir," the Trooper
says.

At this point, the Trooper takes out his nightstick and starts
beating the ever-loving ***! out of the lawyer and says, "Do you
want me to stop, or just slow down?"

jacksmith101
if you are on private property fishing, your own property or not, they can't do anything unless the land owner called in a complaint about you specifically. even if its posted, there must be a specific complaint before he can act. state land, you are proably in the wrong.
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