What is a driver?

What consequences may result for driver transporting drunk who has open case of beer in back seat of car?

• True scenario: I am the owner of a car and put the name of a person I believed to be responsible on the Title, insurance, et al. Recently a passenger who is known to be alcoholic was transported in my vehicle with the person I've entrusted with safely operating my car. The passenger insisted on stopping prior to reaching the destination to purchase a can of fortified beer. This beer was not opened until the car was parked at the destination. The alcoholic passenger then drank the beer and disposed of the can outside of the car. Returning home, same alcoholic passenger (whose license has been suspended) asked to stop to do grocery shopping. The grocery store also sells 30-packs of fortified beer and of course the alcoholic purchases one of these monstrosities and plunks it into the back seat of the car. Prior to leaving the parking lot, drinker pleads with driver to open and drink a beer while car is still parked, which means opening the case. The person drinks their beer while the car is parked and again disposes of empty can outside the car. The open case remains in the back seat. The designated driver takes prescription medications for pain and does not exceed dosage written. This person typically has their wits about them, else I would be doing the driving. In this situation, I believe what remained of the open case of beer should have been stored in the trunk of the car. Police have been known to pull drivers over for random checks in Arizona. In this instance, the designated driver has dark hair and a deep tan which could trigger a bogus "illegal immigrant" alarm. It is also entirely conceivable that having a rather drunk passenger might cast suspicion on the driver. Although the driver is not a drinker, an officer could request blood and urine samples be performed on the driver as well as the passenger and non-compliance to same request can result in all sorts of nasty conclusions. In this case, the driver would show positive results for expected levels of prescription narcotic medications. How this might be interpreted by law enforcement is another matter entirely. When I was told of this "event", my reaction was less than favorable. I informed the driver that under no circumstances should an active alcoholic be making decisions about consumption or storage of alcoholic beverages within the car, regardless of whether I am present to "babysit" the drunk or not. I am told that I am overreacting and "the drunk is the one at fault." When I express my strong opinion that the person who has been entrusted with legally operating the car is also expected to take responsibility for the actions of any passengers, I am told since I chose not to go along for the ride that it is my fault that the alcoholic put the driver and my vehicle at risk. Of course I don't take these statements seriously. The designated driver is more than 50 years old and as the person allegedly in control is expected to act as a responsible adult. Is my hypothesis correct regarding the potential for extremely negative results for the driver under these circumstances? Is it unreasonable to expect a person I've entitled to legally drive my car to also exercise common sense and consideration when presented with what might devolve into a worst-case scenario?

• Answer:

  The term is "OPENED CONTAINER" ,The can ,not the case. yoiu are legally sound.