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Criminal Law/open container law


Don't know if you can answer this or not but maybe you can. My mother recently died in Texas and I will drive there from Colorado for the funeral, as well as bring back some of her personal items. She has a cabinet with several bottles of liquor that are years old and many of them have been opened. I have a hatchback with no trunk, if I were stopped for a traffic violation and the police see I have those in the car, even in a closed carton in the cargo area, would I be ticketed under the 'open container' law?   Thanks


Sorry for the late response but something must have gone wrong.  I answered this question within a few minutes of receiving it back on the 20th but somehow it appears that you didn't get the answer.

While not giving you permission to carry open liquor bottles in your car I don't think that you will have a bit of trouble.  These laws were passed to prohibit open beer cans in the passenger compartment.  Not in the trunk.  Just to be sure wrap them up with newspaper and secure them all in the cargo area or all the way in the back.

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Jack Toomey


If you are an author asking for help I will gladly assist you. I do expect a reasonable donation using the Paypal feature. Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.


I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Bachelor of Science degree in Criminolgy from the University of Maryland.

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