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Title: The Government Made Me a Litterbug
Source: Eric Peters Autos
URL Source: http://ericpetersautos.com/2016/06/24/government-made-litterbug/
Published: Jun 24, 2016
Author: Eric
Post Date: 2016-06-28 05:57:55 by Deckard
Keywords: None
Views: 2960
Comments: 38

Uncle has turned me into a litterbug.

beer bottles

I’ve chucked empty beer bottles out the window. I do not like doing this. I feel guilty about doing this. I never used to do this.

So why do I do it now?

Because having an “open container” – or an empty one – in one’s car invites severe (and for me, a car journalist, life-altering) consequences. If one happens to be pulled over by a cop for any random reason (seatbelt “violation,” “speeding,” an out-of-date sticker) and he sees an “open” or “empty” in the car, you are in serious trouble.

Better call Saul.

Even if the “empty” has been empty for weeks.

Even if all you’ve had is a sip – and your BAC level is nowhere near the legal limit defining “drunk” driving.

It doesn’t matter.

checkpoint

You still face the possibility of being charged with “drinking while driving” or “driving under the influence” – whatever the verbiage –  and are subject to arrest and prosecution just as you would be if you “blew” a .08 or more on the Breathalyzer (see here for an interesting legal explanation/analysis) machine.

Except you didn’t.

Not being “drunk” isn’t a defense.

All that’s required to establish your “guilt” is the presence in the car of the open/empty container – even if it’s not yours. Even if you didn’t have so much as a sip.

You are presumed guilty of drinking while driving by dint of the presence of the container and it being opened or empty.

This is not unlike characterizing an 18-year-old as a “sex offender” because he had relations with his 17-year-old girlfriend.

Sober drivers are subject to being arrested and convicted and their lives ruined for what amounts to the same offense – in terms of what will happen to them – as drivers whose BAC levels are at or beyond the legal threshold defining them as “drunk.”

Even though theirs aren’t.

Hence the motivation to throw any empties out the window.

open contaoner graphic

Littering is a small bust.

Clovers (see here) will sniff that people simply ought not to drink alcohol while driving, ever, regardless of the amount. But the presence of a bottle in the car does not establish that the driver has been drinking. Only that someone did. At some point. Maybe a long time ago.

But even if the driver was drinking, so what?

It’s ok – legal – for me to drive after having a meal with a beer to wash it down. I could walk up to a cop, tell him I am going over to that restaurant across the street to have a steak and plan to have a beer with that steak. And then drive home. The cop – if he is a vengeful dick – could perhaps pull me over to “check” whether I’ve had more than one beer, but provided my BAC level is under the limit, provided he cannot fault my driving, he can do nothing to me, legally speaking.

Why should it matter whether I drink the same beer on the way home?

My BAC will be about the same – well within the lawful range, either way.

And if that BAC isn’t at the “drunk driving” threshold (.08) what’s the problem?

open beer pic

Especially if it’s well below the threshold.

Open container or not.

Well, here’s the problem:

Clovers equate the presence of any alcohol whatever in one’s system with “drunk” driving – and are positively itching to imprison people for this “offense.” But they know it’s not – yet – politically palatable to cage people for having even trace amounts of alcohol in their systems, so they don’t say this openly.

Instead, they shriek about “open containers.”

But isn’t it the same thing?

These victims – and that’s the right word – aren’t being caged for drunkenness. They are being caged for drinking.

Open container laws are in force in almost every state – egged on by Uncle, who uses the bully stick of withholding federal highway monies  – to cage people who aren’t “drunk” (or even close to it) according to any of the current standards (BAC levels, roadside gymnastic exercises) by which “impairment” is measured; who have nil or practically nil BAC levels.

Who don’t even have to have been drinking to get convicted of drinking.

They merely had an open container in the car.

open beer

Doesn’t matter whether they had just as sip. Five minutes ago – or five weeks ago.

Or not at all.

Just that it is open. Or that it once contained alcohol.

In other words, mere possession of the open alcohol container is the thing. This is what presumes impairment – even if the driver isn’t and the usual tests reveal him to be well within the law.

The “open container” thing is simply a tactical tacit step toward outright Prohibition. That’s the end goal. The eventual criminalization of alcohol consumption in any amount within the nimbus of the operation of a motor vehicle.

This objective has been openly stated by the uber Clovers at Mothers Against Drunk Driving (MADD). And they have succeeded with regard to drivers under the age of 21. It is already “zero tolerance” for them.

Eventually, for us, too.

Some may see this as a good thing, the usual mantras about “safety” wafting through the air. But we’re far from safe when the state can convict you of “drinking” while driving even when you haven’t been – and can convict you of being a “drunk” when all you’ve had is a drink.

Or even just a sip. (5 images)

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#1. To: Deckard (#0) (Edited)

”What we have here is ... ”

A case of being “damned if you do something” and again being “damned if you do something else.” You are “damned” for driving with an open container in your vehicle and you are “damned” if you litter. A seemingly complex problem where a moronic Paultard tries to avoid the violation of one law by violating another law has a very simple solution … do neither!

States with Littering Penalties

How to report littering from vehicle

Gatlin  posted on  2016-06-28   7:27:37 ET  Reply   Trace   Private Reply  


#2. To: Gatlin (#1)

You are “damned” for driving with an open container in your vehicle

I had no expectation that you would see the absurdity of this law.

Which is why you will always be ridiculed as a *Clover, or in terms even you can understand, *Canary -

The root cause of every affront to liberty. The spoonful of shit that ruins a gallon of ice cream. Canaries do not believe in live and let live. They believe in telling others how to live – at gunpoint, if necessary.

Fawning sycophants like you and the other statist filth that infest this site are the enemies of freedom.

Which is why you are deserving of nothing more than scorn and ridicule.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-28   8:10:16 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#2)

Which is why you are deserving of nothing more than scorn and ridicule.

No one should "drink and drive" ... then throw the container out of the vehicle to liter.

If that makes me "deserving of nothing more that scorn and ridicule," then so be it.

Gatlin  posted on  2016-06-28   8:43:12 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#2)

Don't you just love being a radical degenerate who has lost all mental and moral qualities considered normal and desirable?

Gatlin  posted on  2016-06-28   8:54:18 ET  Reply   Trace   Private Reply  


#5. To: Gatlin (#3) (Edited)

No one should "drink and drive" ... then throw the container out of the vehicle to liter.

As usual, in your haste to strut your Nazi credentials, you missed the entire point of the article.

Oh well - I've long ago realized that anything which threatens or challenges your statist world view is something you cower in fear from.

If that makes me "deserving of nothing more that scorn and ridicule," then so be it.

And I will continue to do so at every opportunity.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-28   8:54:24 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#5)

... you missed the entire point of the article.

I missed nothing.

If the author doesn't like the laws, then work to get those laws changed.

Writing a "stupid parody" did absolutely nothing ... NOTHING!

What constructive gain did the article contribute?

Gatlin  posted on  2016-06-28   9:00:25 ET  Reply   Trace   Private Reply  


#7. To: Gatlin (#4)

who has lost all mental and moral qualities considered normal and desirable?

With all due respect, anyone who believes that an open bottle, even when empty, possibly for weeks is grounds for a DWI is seriously fucked up in the head.

Which is why I will continue to mock your views and those of the other government-worshiping assclowns who pollute this site with their unbridled statism.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-28   9:03:49 ET  Reply   Trace   Private Reply  


#8. To: Gatlin (#6)

I drank a redds ale the other day. While at the river. I didn't want to litter so i brought it back to my truck and put it behind the seat. Do you think it should be illegal to have that empty bottle behind my seat?

A K A Stone  posted on  2016-06-28   9:07:51 ET  Reply   Trace   Private Reply  


#9. To: Gatlin (#6)

What constructive gain did the article contribute?

For one thing, it made you crawl out of your hole in order to display your worship of the almighty State.

I post articles like this in order to show the sane people here what you and the other members of the Canary Clan represent.

Your views are contemptible, your very presence on a site devoted to Liberty is abhorhent.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-28   9:11:16 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#7)

With all due respect ...

CORRECTION: With all due respect, anyone who keeps an open or empty vottle for weeks in his vehicle is either a trashy SOB or a Paultard, both of which are seriously fucked up in the head.

Gatlin  posted on  2016-06-28   9:12:18 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#9)

I again ask: What constructive gain did the article contribute?

Gatlin  posted on  2016-06-28   9:13:05 ET  Reply   Trace   Private Reply  


#12. To: Deckard (#9)

Your views are contemptible, your very presence on a site devoted to Liberty is abhorhent.

If I am contemptible because I reject your immoral, warped and abhorrent views on what you construe to be liberty … then so be it.

Your anarchy is not my liberty ...

Gatlin  posted on  2016-06-28   9:25:45 ET  Reply   Trace   Private Reply  


#13. To: A K A Stone (#8) (Edited)

I drank a redds ale the other day. While at the river. I didn't want to litter so i brought it back to my truck and put it behind the seat. Do you think it should be illegal to have that empty bottle behind my seat?

No.

And if you check, you will find in most states that it is not.

Some states still have stupid laws that need to be changed to realistically define "drinking and driving."

I never heard of a REED'S Apple Ale ... I had to go look it up.

Have you ever tried Gertel?

Gatlin  posted on  2016-06-28   9:28:40 ET  Reply   Trace   Private Reply  


#14. To: Gatlin (#13)

Redds and how did you know it was apple. The strawberry is also good. I dont drink much because i dont like the taste of beer usually. But tried redds a few months ago and it tastes good.

A K A Stone  posted on  2016-06-28   9:35:47 ET  Reply   Trace   Private Reply  


#15. To: A K A Stone (#14) (Edited)

Redds and how did you know it was apple.

I had to look it up since I never heard of REEDS. I did not see the strawberry.

I was only a beer drinker in the military. I gave it up some 15 to 20 years ago and switched to Gerstel. I wasn't drinking beer to get high, I was drinking it because of a taste I cultivated while stationed in Germany and Austria ... having one with a meal.

Most non-alcoholic beers tastes terrible. The only one I found to be excellent is Gerstel, a German non-alcoholic beer. Taking the blindfold taste test, one will find there is no difference in Gerstel and a premium beer.

I now have a Gerstel with the evening meal each day.

Gatlin  posted on  2016-06-28   10:36:34 ET  Reply   Trace   Private Reply  


#16. To: Gatlin (#1)

A seemingly complex problem where a moronic Paultard tries to avoid the violation of one law by violating another law has a very simple solution … do neither!

The Paultard's should just stick to smoking pot, that way they do not have the unsolvable riddle of what to do with the empty beer bottle. I'm surprised they're not touting this is another point in favor of marijuana.

Non auro, sed ferro, recuperando est patria

nativist nationalist  posted on  2016-06-28   11:32:47 ET  Reply   Trace   Private Reply  


#17. To: nativist nationalist (#16)

I'm surprised they're not touting this is another point in favor of marijuana.

I can't help but laugh at your ignorant comment.

So - I guess you agree with with the other statist twat posting on this thread that an empty bottle constitutes evidence of drunk driving.

And you wonder why you are mocked by those of us who do not worship the police state like you and Gatslime apparently do.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-28   13:07:43 ET  Reply   Trace   Private Reply  


#18. To: Deckard, nativist nationalist (#17)

And you wonder why you are mocked ..

You are still confused about everything in your life.

It is you who fails to see who is mocking whom.

Oh, the irony ...

Gatlin  posted on  2016-06-28   13:29:10 ET  Reply   Trace   Private Reply  


#19. To: Deckard (#0)

I will give you a better one, NYS has a bottle deposit law where you have to bring the empty beer bottles back to the store to get the deposit.

Yet if you have no car trunk its illegal to do that, I think,.

New York Open Container laws prohibit open alcohol containers in the passenger area or an unlocked glove box where it can easily be reached by the driver and/or passengers. The law applies to all types of containers (i.e., bottles, cans, cups) and all alcoholic beverages, including wine, beer and liquors that contain at least one-half of one percent of alcohol by volume. All vehicles on a public highway, including the shoulder, are subject to the open container law.

New York Open Container Laws

TrappedInMd  posted on  2016-06-28   14:32:00 ET  Reply   Trace   Private Reply  


#20. To: Gatlin (#18)

still confused about everything

Yes, there's no doubt that you are.

Carry on, you must be used to it by now.


The D&R terrorists hate us because we're free, to vote second party
"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2016-06-28   16:22:53 ET  Reply   Trace   Private Reply  


#21. To: hondo68 (#20)

At least I am not as confused as you are since you support Gary Johnson who believes in abortion by “leaving the decision up to the woman” and encourages homosexuals with his “bold and consistent stand on gay marriage.”

Sport, you are more that confused … you are an embarrassing demoralization to even consider such a person.

Gatlin  posted on  2016-06-28   16:38:54 ET  Reply   Trace   Private Reply  


#22. To: Gatlin, A K A Stone, *The Two Parties ARE the Same* (#21)

confused as you are since you support Gary Johnson who believes in abortion by “leaving the decision up to the woman” and encourages homosexuals with his “bold and consistent stand on gay marriage.”

Even though GJ is less ghey than your beloved progressive candidates Rainbow Mitt & Donald D. Tranny, I don't support Johnson. Stone knows this too, but he keeps saying that I do, anyway. He too, has trouble facing reality.

I'll most likely vote for Darrell Castle (Constitution Party) for the second time. The first was in 2008 as the VP running mate to Chuck Baldwin.

It's a damn shame that you supported Barack Hussein Obama, by voting for that psycho loser Juan McCain. And then supported Obama again by voting for the even bigger loser, anchor-baby Willie-Mitt Romney. And now you're pushing Hillary...


The D&R terrorists hate us because we're free, to vote second party
"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2016-06-28   17:47:14 ET  Reply   Trace   Private Reply  


#23. To: hondo68 (#22)

Okay, Gary.

Gatlin  posted on  2016-06-28   18:01:53 ET  Reply   Trace   Private Reply  


#24. To: hondo68 (#22)

You pimped fag johnson for years groupie. He is more fag than everyone but hillary. So don't lie.

A K A Stone  posted on  2016-06-28   20:28:12 ET  Reply   Trace   Private Reply  


#25. To: A K A Stone (#8)

It's not. I've stopped hundreds of motorists with empty alcoholic beverage bottles and cans. In NY there is a deposit on the bottles and cans so it's common place to find old dead soldiers inside the vehicle, the trunk or in the bed of a truck. It's simple to smell an empty bottle or can for freshness. If the driver doesn't have an odor of alcoholic beverage on his breath... and the can or bottle is bone dry and has no fresh odor, then it doesn't take a rocket scientist to figure out that an open alcoholic beverage wasn't open prior to the traffic stop. Now... you pull a vehicle over, the driver is shitfaced and there's a very wet carpet and a FRESHLY FINISHED CAN jammed under the seat (like you weren't ever gonna figure out he dumped the beer while you pulled him over and Einstein hid the can under his seat... as if an officer won't smell that, find that or figure that out... is another story.

Does a rookie officer, idiot officer (that never should have been hired) or poorly trained officer ever write the ticket of open container for an old dead soldier? Sure. Happens RARELY compared to all the solid deserving tickets for actual open containers. Decktard would like your readers to think issuing false open container tickets is an epidemic... and that's the yella he portrays to cause LE distrust and hate to further his pro drug agenda.

Now, with that said, I've never been a fan of the open container law. Who cares if someone in the vehicle is drinking a beer... even the driver, AS LONG AS THE DRIVER IS SOBER. It is possible to drink one beer and still be sober. For this reason, the only time I issued open container tickets is when they actually did have an open container AND the driver was drunk. Otherwise I made them dump the beer out and continue on their way.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-28   21:44:03 ET  Reply   Trace   Private Reply  


#26. To: GrandIsland (#25)

I am startled by your post. Where is your common useage of 'paultard' or 'libtard' or some other denegrating derivation that you find in your GOP lexicon? I want to further point out, that is the longest post you have ever made. Did you have your mom author it?

buckeroo  posted on  2016-06-28   22:02:57 ET  Reply   Trace   Private Reply  


#27. To: hondo68 (#22)

It's a damn shame that you supported Barack Hussein Obama, by voting for that psycho loser Juan McCain. And then supported Obama again by voting for the even bigger loser, anchor-baby Willie-Mitt Romney. And now you're pushing Hillary...

That's some mighty fine deranged logic you got there... How was voting for your unviable Paultard choice in anyway keeping the Chicago urban zoo animal out of the whitehouse?

Go F' yourself. If we never had 8 years of Obunghole, we wouldn't have:

ObungholeCare

Sotomayer the white man hating cunt

Kagan the libtard twat

KILLary the bimbo of Benghazi as SOS

Uncle Joe Biden the gun hater

Riots of black lives matter scum

Riots of illegal aliens

The most active gunman victims of any sitting pres

Faggot bathrooms in schools or no state funding

And all his arrogant fucking bullshit I've gotta hear every time that piece of shit speaks on TV.

I'd rather of had another 4 years of GW... though he waa no Ronald Reagan, he was WAY BETTER than Obunghole, KILLary or Commie Sanders.

I'll take TRUMP all day long... you have fun supporting that no-name candidate.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-28   22:18:37 ET  Reply   Trace   Private Reply  


#28. To: buckeroo (#26)

Fuck off, douche bag. I talk to people the way they deserve to be treated. I talked to people while on the job the same way.

Stone gets my respect. You, Decktard, Hondope, Peter Puff, Fred's Dick Hertz, ConservingPaultard and a host of other drug addict loving shitbirds don't deserve anything other than the way any of you would treat any officer before the officer even opens his mouth.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-28   22:32:33 ET  Reply   Trace   Private Reply  


#29. To: GrandIsland (#28)

Man ... oh man ... oh man ... now my feelings are hurt. I can't hold back the sudden rush of tears streaming down my face. As a bigshot corrupt PIG can you hand me a hanky?

buckeroo  posted on  2016-06-28   22:38:11 ET  Reply   Trace   Private Reply  


#30. To: buckeroo (#29)

can you hand me a hanky?

If I thought you'd use it, I'd toss you a knife. You could either turn it upon yourself (and make me piss my pants happy)... or make me even happier if you turn it upon me and I show you what happens when you bring a knife to a gun fight. lol

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-06-28   22:46:53 ET  Reply   Trace   Private Reply  


#31. To: GrandIsland, *Arab Spring Jihad*, Fred Mertz, sneakypete (#28)

You, Decktard, Hondope, Peter Puff, Fred's Dick Hertz, ConservingPaultard and a host

Get well soon! You need a dry out in your local rehab, Ahab.


The D&R terrorists hate us because we're free, to vote second party
"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2016-06-28   22:47:03 ET  (1 image) Reply   Trace   Private Reply  


#32. To: GrandIsland (#30)

If I thought ...

When did this maejeckal event occur? Citing Trump does not count.

buckeroo  posted on  2016-06-28   23:20:49 ET  Reply   Trace   Private Reply  


#33. To: Gatlin, Deckard (#18)

You are still confused about everything in your life.

It is you who fails to see who is mocking whom.

LOL. If he just practiced what he constantly preaches he'd be using marijuana in which the container is mostly consumed as the Paultard smoke their joint. Avoiding the dilemma altogether. Paultards should be using this in their paeans to Mary Jane. I's surprised Decktard is overlooking the obvious, but he may have been stoned as he typed his post.

Non auro, sed ferro, recuperando est patria

nativist nationalist  posted on  2016-06-29   2:06:25 ET  Reply   Trace   Private Reply  


#34. To: Deckard (#17)

Poor Decktard, it seems I've triggered you. Perhaps that is yet another use for the Paultards wonder weed, helping SJW's to cope with triggering events.

Non auro, sed ferro, recuperando est patria

nativist nationalist  posted on  2016-06-29   2:31:39 ET  Reply   Trace   Private Reply  


#35. To: hondo68 (#31)

Wow, so Ron Paul was triggering long before Triggleypuff.

Non auro, sed ferro, recuperando est patria

nativist nationalist  posted on  2016-06-29   2:35:30 ET  Reply   Trace   Private Reply  


#36. To: nativist nationalist (#35)

Please refrain from posting pictures of yourself.

Thanks in advance.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-29   7:57:06 ET  Reply   Trace   Private Reply  


#37. To: nativist nationalist (#34)

Poor Decktard, it seems I've triggered you.

The only thing you've "triggered" is a fit of laughter which occurs every time I read one of your ludicrous posts.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-06-29   8:01:16 ET  Reply   Trace   Private Reply  


#38. To: GrandIsland (#27)

How was voting for your unviable Paultard choice in anyway keeping the Chicago urban zoo animal out of the whitehouse?

In my deep-blue state, Chuck Baldwin had no less chance than Juan McLame at getting those electoral votes.

A government strong enough to impose your standards is strong enough to ban them.

ConservingFreedom  posted on  2016-06-30   12:05:15 ET  Reply   Trace   Private Reply  


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