1. UberPeople.NET - Independent community of rideshare drivers. It's FREE to be a person and enjoy all the benefits of membership. JOIN US! CLICK HERE

Pax open container and police

Discussion in 'Advice' started by Fargle, Jun 17, 2018.

  1. Fargle

    Fargle

    Location:
    Washington
    Driving:
    UberX
    Last week I caught someone, again, exiting my car while carrying an open container (beer can) that was snuck in. This got me wondering what to do if I'm pulled over and the cop sees a pax with an open container. Has anyone had to deal with this?
     
  2. dirtylee

    dirtylee

    Location:
    Dallas
    Driving:
    UberX
    Nope.
    1. Pax can't carry drinks.
    2. If they did get one in, either remove the drink or the pax. Simple.
    3. Grow a spine.
     
  3. The person said he did not notice the drink until the pax exited his vehicle. This is possible. All the writer wanted to know was if anyone had occasion to be stopped by the police and what happened. No need to be snarky.

    I am sorry, Fargle, I have not been stopped in this circumstance and cannot answer your question.
     
  4. Fargle

    Fargle

    Location:
    Washington
    Driving:
    UberX
    1. I don't allow any open container, alcoholic or not.
    2. If detect an open container, out it goes. This is about when the open container is not detected until a cop does so.
    3. Pay attention.
     
  5. Coachman

    Coachman

    Location:
    DFW
    Driving:
    UberX
    When dropping off at local stadiums I've seen and had passengers get out of the car with their cups in plain view of the police and nothing has ever been said. But that means nothing.
     
    thatridesharegirl likes this.
  6. If a cop goes by the book, then you're screwed. You're responsible for anything and everything that goes on in your car and that includes any items pax brings aboard.

    Although I highly doubt a decent cop would give you much of a hard time for some dumbpax's open container (Provided you didn't get off on the wrong foot), your best option is to make sure none enters your car in the first place.
     
    Julescase likes this.
  7. UberBeemer

    UberBeemer Moderator

    Location:
    NW Chicago Suburbs
    Driving:
    UberSELECT
    It's a trick to spot sometimes. I have had passengers use coat pockets, large sweaters, and bags to try to bring beer aboard.

    You also have to be careful how you react. If you tell them to pitch it and a cop sees a beer sail out the window, that could draw attention you don't want and give them probable cause. I have pulled into a gas station and insisted that any beer, open or otherwise, is placed in the trash. I have also pulled over into a side street and just ejected the riders and ended the trip.
    I have also made people dispose of drinks, and made sure that anything unopened goes in the trunk.

    But the key is, you have to have seen it to prevent it. So try to get a good look before they climb in.
     
    CelaC and Nature sees all like this.
  8. daave1

    daave1

    Location:
    Temecula
    That's the million dollar question. I've never had the circumstance but would be quite pissed if I did! One thing is for sure, they would get an automatic 1 star rating and a report to Uber.
     
  9. Grahamcracker

    Grahamcracker Moderator

    Location:
    Colorful Colorado Springs
    Driving:
    UberX
    That would be something you would need to ask a lawyer. There are a hand full of states that allow open containers (don't think Washington is one of them) as long as the driver isn't drinking and from what I have Googled, Mississippi even allows the driver to drink and drive as long as the driver isn't over the limit.

    At the very least, maybe report this person the Uber. It may not help you if you get pulled over but if more driver's dis it, then maybe it will thin out the rider's who do it.
     
  10. nickd8775

    nickd8775

    Location:
    NJ / Philly
    Driving:
    UberX
    I don't care if my passengers drink as long as they don't spill it. I have tinted windows. The cops care.
    The spirit of the law is to discourage the driver from drinking. I don't drink while driving so I obey the spirit of the law.
    A decent cop would give the passenger a ticket for open container, public intoxication, or minor in possession if the cop finds out that I drive Uber. If I get a ticket I will start a Go Fund Me simply for attention. The media loves to report on Uber, bad cops, and even crazy fundraisers. The media attention for my fundraiser would likely make me a lot more money than the ticket and insurance increase.
     
    henrygates likes this.
  11. Saltyoldman

    Saltyoldman

    Location:
    Nam
    Driving:
    UberX
    Don’t worry about it. Your not going to be locked up of fined. It’s a simple solution to explain to officer what a disrespectful sack of **** your pax is and you do your best to combat the situation, but you can’t catch it all.
     
    Julescase likes this.
  12. UberBeemer

    UberBeemer Moderator

    Location:
    NW Chicago Suburbs
    Driving:
    UberSELECT
    If you get a hippie judge, you might get by with the "spirit of the law" argument. Not in Illinois though. Better hope your GoFundMe raises 10 to 15 grand, here. In this state, you can get an open container citation if a beer can is missing from a six pack. And, most municipalities see DUI and such as revenue streams, so the cops are under pressure to write you up.

    Seeing as we depend on a clean record to continue doing this gig, it really isn't worth the risk.
     
    CelaC likes this.
  13. SuzeCB

    SuzeCB

    Location:
    NJ
    Driving:
    UberX
    It depends on the law in your state. NJ puts the onus on the driver for open containers, seatbelts, and child/booster seats.

    They can't ticket a passenger for open container. They can ticket for drinking in public if it's an exposed and open bottle or can, which explains the whole, and accurate, image of the drunk with his poison-of-choice in a paper bag. But even that can get the driver ticketed.

    Remember, driving is considered a privilege, not a right.
     
    Last edited: Jun 18, 2018
  14. Then after doing the right thing, you ask Uber to remove the pax's retaliatory 1 star, and Uber responds with "sorry we don't do that, and anyway how do you know it was this passenger who 1 starred you?"
     
  15. No open containers of anything in my car. Well, water, but definitely no booze or soft drinks. Either the drink goes or the pax goes.
     
    CelaC likes this.
  16. UberBastid

    UberBastid

    Location:
    N.Cali
    Its funny that there are answers here from all over the country, and even 'nam'.
    But every state's laws are different.
    Every local jurisdiction within each state is different.
    And every cop that works in every jurisdiction in every department is different.

    So, the answer to op's question is: it depends.
     
    CelaC and Scott.Sul like this.
  17. Squirming Like A Toad

    Squirming Like A Toad

    Location:
    CT
    Driving:
    UberXL
    In CT an open container is allowed, just not for the driver. But it is a risk. If the person drinking is under 21 I can theoretically be charged with some offense promoting underage drinking. The vehicle can also be stopped and the driver given a breathalyzer if alcohol is seen. So I'm careful about it, especially if there is any question of age. Kids will lie to get out of trouble and I wouldn't put it past one to claim I gave them the alcohol and told them it was OK to drink.

    On the other hand I'm in a big van and can't really monitor what is going on behind me when I'm driving, I have to concentrate on what's in front of me, so I'm sure there has been plenty of alcohol consumed without my knowledge.
     
    CelaC likes this.
  18. uberdriverfornow

    uberdriverfornow

    Location:
    no
    The best thing to do is to now allow any food or drinks in your car. Don't try to argue with them that you're no drinks policy is about beer, just make it a blanket no food policy because of the policy of a mess. Just be polite about it. If anyone becomes a dick you just cancel the ride and move on to protect your rating.
     
    CelaC likes this.
  19. Saltyoldman

    Saltyoldman

    Location:
    Nam
    Driving:
    UberX
    It’s the silent #%$&@#% that you have to watch out for in regards to the 1 *
     
  20. This is one of the times you wish you were in a marked taxi.. seriously.

    If a cop spots an open beer in the back seat of a taxi...

    Do they suspect the taxi driver?

    No.. no you don't, you automatically assume it was a paxhole customer.

    They won't have the gonads to do it in the front seat either.


    One time i was at a gas station cleaning out the back seat of the taxi cab, take an open beer toss it into the trash. I hear someone behind me say "what kind of ******* leaves a beer in the car.. it could have made a huge mess and if you got pulled over it would look so bad. I'm like "yup".. finish cleaning out the back seat turn around and there's a county sheriff drinking coffee.

    Another time I was filing a police report (a guy used a taxi and shoplifted a whole bunch of crap while i was waiting in front of the store) the cop found a coors and gave me the heads up, they let it slide without question.


    Had i not been in a marked taxi that cop would have looked at me a LOT differently. And i know the local codes, there's no exemption for taxi drivers either, well i'm exempt because i have a CDL with passengers endorsements but i guarantee you 99% Of taxi/uber drivers in Florida don't.
     
    CelaC likes this.

Share This Page