AFCop wrote:No, that is not my interpretation...... I never said that or implied that, at least I don't think I did....
Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed
The problem is, you’re the only one I can find that v the statute the way you do.. No other LEO, nor the prosecutors I’ve asked (2 US ARMY- Lic in TX, 1 Bell County) nor the Defense attorneys (1 US Army- Lic in TX, And the Bell County DA’s office has tentatively respond they also disagree with your interpretation, though that’s just an email and I’m still waiting on a official written response. And I have not gotten a response yet on if my request for a TX AG Decision will go forward from my Rep.
All have been amazed when I ask the question, all come back with some variant of “That’s just not right.. “
By the AFCOP interpretation (lol that’s what we are calling it now) the truck that opens it doors to download a pallet of beer is an open container, and the driver could be charged.. The rail car operator. Same thing..the truck driver that is delivering the alcohol to many stores a day, when he rolls up those doors and loads the dolly with a dozen cases.. he has left behind him a other receptacle that contains any amount of alcoholic beverage and that is open
None of that is a flame on AFCOP himself. None of that is meant to be disparaging against him.. and I accept his statement, that he has never used his interpretation of the statute as a standalone offence, but only as an enhancement to other charges.
If this gets reviewed by the AG, I have to wonder if the background of why AG Decision was requested will come out, and if the TX Justice system will look at cases that perhaps should not have had the subject charged with a crime, not committed (assuming the AG opines the box is not a container.)
No words or opinions I post in this forum are intended to be offensive to any member here.