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jmra wrote:As I read this thread I can't help but laugh thinking about all the drive-through daiquiri shops I would see everyday in New Orleans. Louisiana also has an open container law. I wonder if the Styrofoam cup with the plastic lid is considered a closed container but becomes an open container when the straw is pushed through the lid.

I believe that is the case, but I can't recall where I heard it.

AFCop wrote:

bronco78 wrote:The way AFCOP has interpreted the law (Unlike I've ever seen it done so before) I can be charged when he finds my wine bottle "Container" only has 2 bottles, and not the four it might possible hold.

I guess my first question is why would you purchase a container of 4 wine coolers with only two in it?

How long do I get to think about it? Off the top of my head:
1) They were 1/2 price
2) Bronco78 and someone else in the store both wanted just two bottles so they split a four-pack
3) Bronco78 was mugged by a wino in the parking lot
4) Bronco78 is a long-time customer and the other two bottles were purchased as gifts for a long-time employee whom he has befriended
5) The other two were dropped off at the church picnic staging area on his way home from the store

AFCop wrote:If I am interpreting it so incorrectly, how would one handle the situation as I described above? With the DWI, person drinking and driving but instead of using his car as a trash can he uses the side of the road, should he not me entitled to the enhancement?

Between "innocent until proven guilty" and "better that ten guilty persons escape than that one innocent suffer", I would say no. If you weren't lucky enough to see it, then the BG should get away with it (and the littering charge, too). I know you have been reasonable in the application of this law, AFCop, but in my opinion laws worded as vaguely as this one is do more harm than good.