Violation of open container law
- penalty
Source:
Section 811.170 — Violation of open container law; penalty, https://www.oregonlegislature.gov/bills_laws/ors/ors811.html
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Notes of Decisions
Under former similar statute
Ability to identify beer is within common experience, and thus police officer’s testimony that contents of labeled beer bottle appeared and smelled like beer was sufficient to allow factfinder to infer that it was in fact beer. City of Gladstone v. Leonard, 33 Or App 169, 575 P2d 1012 (1978)
Under this section, the offense as well as the procedure has been decriminalized, so prosecutions are not criminal prosecutions, and due process guarantees of U.S. Constitution do not apply. State v. Vance, 53 Or App 290, 631 P2d 843 (1981)
In general
Officer had probable cause to believe passenger in violation where open bottle of beer was on floor of car near feet of passenger. State v. Garza, 104 Or App 350, 801 P2d 350 (1990), Sup Ct review denied