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Discussion Starter · #1 ·
How common is it someone gets in your car with an open container of alcohol?

For me it happens at least twice a week. I just don't understand why people here think the laws don't apply to rideshare.
 

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On a previous thread - If you or your pax have or leave in your passenger compartment any open container of alcohol you are in violation of A.R.S. 4-251 - its pretty serious and depending on the nature can have similar penalties to a DUI in Arizona. Don't play games with Arizona liquor laws police crack down HARD, especiaily in Scottsdale. http://www.azleg.gov/ars/4/00251.htm
 

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I don't allow people in my car with open bottles or cans. I don't ask what's in every red solo cup though because I have no way to verify it anyways, and it doesn't qualify as an "Open Container". At least not they way I read the law.


C. This section does not apply to:

1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.


2. "Open container" means any bottle, can, jar, container dispensed pursuant to section 4-244, paragraph 32, subdivision (c) or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed.
 

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Discussion Starter · #5 · (Edited)
Now I'm confused because it would seem like this section reads that open containers are not illegal in a TNC. Someone know legalese better than me?

2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.

B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor

C. This section does not apply to:

1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.
 

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My take is completely different. You roll up to a house and all pax are walking out holding red silos and having a good responsible time and your gonna tell them no entry with open containers? A sure way how NOT to get tipped. But by all means if they come out all loud and pushy and not very discreet then most certainly have them slam the drinks or pour it out in the gutter.
 

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My take is completely different. You roll up to a house and all pax are walking out holding red silos and having a good responsible time and your gonna tell them no entry with open containers? A sure way how NOT to get tipped. But by all means if they come out all loud and pushy and not very discreet then most certainly have them slam the drinks or pour it out in the gutter.
Well, they are not going to tip you anyway. Most Uber users are cheap. This thread makes me think because I have had a couple students get in my car with the red cups. I don't know what's in them, and if you make them pour it out, that will probably earn you a 1 star.
 

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I go with no open containers and no glasses/cups not covered by a lid that fits it properly.

No obvious beer cups, i.e., the red or blue cups. These things might as well be strobing. Dealing with law enforcement while driving is embarrassing, annoying and most importantly, a needless waste of you money-making time.

Cancel the ride and go to the next one. You can't be rated for a cancel and you'll save yourself some mental stress.
 

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I tell pax that unfortunately I don't allow any alcoholic beverages in my vehicle so if you have alcohol please pour out or
drink quickly before we move the vehicle. This protects myself and you from in case we get pulled over.
 

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I tell pax that I would be HAPPY to allow their open container but the LAW does not allow me to do that. No problem so far.
 

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I'm not a lawyer but I am a paralegal. I admit I have not read the statute but I did several years ago and at the time it was perfectly legal to have an open container behind the front seat of a limousine. uber and lift are legally classified as limousines. So I let my customers party their asses off but tell them to keep it down because the cops don't know the difference and will get pulled over. People love it and I get tipped very well whenever that happens. Sometimes they leave liquor in the car as a tip and even though I don't drink I like to keep it in the fridge for when when women come over LOL
 

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I'm not a lawyer but I am a paralegal. I admit I have not read the statute but I did several years ago and at the time it was perfectly legal to have an open container behind the front seat of a limousine. uber and lift are legally classified as limousines. So I let my customers party their asses off but tell them to keep it down because the cops don't know the difference and will get pulled over. People love it and I get tipped very well whenever that happens. Sometimes they leave liquor in the car as a tip and even though I don't drink I like to keep it in the fridge for when when women come over LOL
Uber and Lyft are TNCs, a completely different classification and licensing regime from limousines. TNCs do not have livery licenses. The regs relating to limousines have absolutely no relevance for TNCs. There is no relevant regulation for TNCs which allow for open containers of liquor of any kind.
 

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Discussion Starter · #14 ·
Obviously it's up to the driver on this one, but the more reasearch ive done on this topic, the more I think Pax are actually allowed to bring and consume alcohol in a rideshare.

This is a direct quote from the open containers statute:

C. This section does not apply to:

1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.

Other local lawyer blogs seem to be stating the same thing. But like I said, it's up to each driver to decide wether to allow it in their car. I'm more worried about someone spilling it in my car.

http://www.phoenixduilawyer.guru/op...ivers-consequences-of-open-container-charges/
 

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I still wouldn't do it. Not worth the potential legal hassle. Let'em sue me; you can't squeeze blood out of a turnip.
 

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My take is completely different. You roll up to a house and all pax are walking out holding red silos and having a good responsible time and your gonna tell them no entry with open containers? A sure way how NOT to get tipped. But by all means if they come out all loud and pushy and not very discreet then most certainly have them slam the drinks or pour it out in the gutter.
You may not get a tip, but you definitely wont end up with a nasty ticket in Arizona or worst which, in that case, would COST you money. Yeah you loose that $5 tip but its better than $15,000 in lawyers, fines, and retributions to the state.

Obviously it's up to the driver on this one, but the more reasearch ive done on this topic, the more I think Pax are actually allowed to bring and consume alcohol in a rideshare.

This is a direct quote from the open containers statute:

C. This section does not apply to:

1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.

Other local lawyer blogs seem to be stating the same thing. But like I said, it's up to each driver to decide wether to allow it in their car. I'm more worried about someone spilling it in my car.

http://www.phoenixduilawyer.guru/op...ivers-consequences-of-open-container-charges/
While the Arizona Revised Statutes has been amended, remember the DA's job is to prosecute you in any way they can. They can bend and twist the facts and if you do not have dashcam or expert witness on site to attest and prove your innocence, its your word vs. the police report unfortunately.
 

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Discussion Starter · #18 ·
You may not get a tip, but you definitely wont end up with a nasty ticket in Arizona or worst which, in that case, would COST you money. Yeah you loose that $5 tip but its better than $15,000 in lawyers, fines, and retributions to the state.

While the Arizona Revised Statutes has been amended, remember the DA's job is to prosecute you in any way they can. They can bend and twist the facts and if you do not have dashcam or expert witness on site to attest and prove your innocence, its your word vs. the police report unfortunately.
Which is why I have a dashcam. You'd be crazy not too
 
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