ASK A COP — Can you have open or previously opened alcohol in a vehicle?

Published 12:05 am Tuesday, December 6, 2022

Torrey from Nederland asks: During the holidays, or anytime, I’m hauling alcohol in my vehicle to go to a friend’s house for an adult beverage get together. Trust me I have a designated driver because I plan on being intoxicated. If there’s some extra beverage left in bottles, can I bring the alcohol home since it’s been opened? Would it be illegal to put the opened alcohol in my car?

Answer: Since It’s the Holiday season, I believe now is an appropriate time to address alcohol beverage consumption. With all of the Christmas parties happening and will happen, let’s take a more responsible attitude about drinking and driving. With as much effort as is put into planning to go to a party, put the same effort to finding a designated driver to get home. We wish many others would plan as responsibly as you are by having a DESIGNATED DRIVER. You don’t have to pour out your alcohol or leave it behind at your friend’s house. As long as you have the opened container in the trunk, locked glove box or behind the last row of seats if there’s no trunk compartment. Keep in mind this is not an endorsement for adults partaking in alcoholic beverages, just helping you understand the law. If you have an open container, keep it secured away from the driver and all passengers in the vehicle. Either the third row of an SUV or in the trunk of a car.

Ken from Port Arthur asks: I have an 8-year-old daughter, and of course we bought her a bicycle for Christmas. Does Texas require 8-year-old children to wear a helmet while riding a bike? I ask this because my friend in Baton Rouge, Louisiana, said it’s the law there that everyone under the age of 12 must wear a helmet when riding a bicycle. Can you help me?

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Answer: Your friend in Louisiana is correct. It is Louisiana state law that children under 12 MUST wear a helmet when riding a bicycle. But you are living in Texas, and the great state of Texas does NOT have a helmet law regarding bicycle usage. It doesn’t matter if the child is on private property or a road, the state of Texas doesn’t mandate helmet use. Now you being a concerned parent should enact the house of Ken law if you want to safeguard you child, meaning you can require your child to wear the helmet when they are riding a bicycle. You can enforce the house of Ken rule as long as you desire! Also you can check your city ordinance to see if they address helmet use while bicycling.

Josh from Port Neches asks: Officer Antoine, I drive to work at the refinery and I must go through the intersection of Highways 82 & 87. I always notice motorists who don’t have time for the turn signal going forward and making a U-turn across yellow diagonal lines in the road. Can I get a ticket for doing this because I have done it on a couple occasions?

Answer: This has become one of the busiest intersections in the city of Port Arthur, especially during early morning and evening. We are aware some drivers don’t obey the traffic control devices. Its’ a dangerous intersection to drive through. As long as drivers are signaling their intent to change lanes and can perform said action safely, it is permissible to change lanes to go straight in Texas at an intersection. The violation comes where the motorists are making U turns across the yellow stripped area. Josh, we are NOT permitted to stop on or turn across any yellow or white diagonally stripped area on the roads in Texas. The U turn may be legal, but turning across the stripped area is NOT legal in Texas.

Join Me, Officer Rickey Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington and Tejas “Lil Man”Morning Star for Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday from 1 to 3 p.m. Or tune in at ksapthebreeze.org. Feel free to call in a question live at 409-982-0247. Ask a question via TEXT at 409-748-6106. Email your questions to rickey.antoine@portarthurtx.gov or call 409-983-8673 for a voicemail. Mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public, you can always “Ask A Cop!”