Libertine's Transporting Alcoholic Beverages Trial

[Mike Barskey]

(Yeah, Barskey too, even though he won't show up.  )

Actually, it looks at the moment like there is not a warrant for my arrest (I've heard that sometimes bench warrants take weeks or months to take affect), so I might show up to support you! Hell, even if there is a warrant, maybe I'll go and support you anyway.

[Daien]

(Yeah, Barskey too, even though he won't show up.  )

Actually, it looks at the moment like there is not a warrant for my arrest (I've heard that sometimes bench warrants take weeks or months to take affect), so I might show up to support you! Hell, even if there is a warrant, maybe I'll go and support you anyway.

I just thought of the "My Name Is Mike Barskey" t-shirts that someone mentioned. Wouldn't it be hilarious if everyone showed up wearing one, including you, in the courtroom you didn't show up in before? Kinda like, "Where's Waldo!"

[Tom Sawyer]

Will the really Mike Barskey please stand up.

[Free libertarian]

New Hampshire as well as most other states complies with the open container law so the Federal Gov't. will keep giving them bribe money.  I seem to remember that in NH 20+ years ago there was no open container law. Montana seems to be the state that is most "permissive" regarding the co-pilot being able to imbibe.

One question I'm curious about, is an "open container" a bottle or can that has been opened and then resealed? As in a wine bottle with the cork put back in it?  Also "they" say you must have the open container in an area that is inaccessible to the driver...what if you have a vehicle that's a hatchback or a van and has no locking trunk or glovebox for that matter?  The farthest distance possible from the driver? Maybe you should ask this "Uh Gee Your Honor, is that distance measured as the crow flies or should I use a roller gauge to determine the distance because of the varied topography caused by the usual cluster of debris found in the back seat of my car?"   

What is a "sealed container" , a sealed coffee mug? A stapled paper bag? A beer can with a piece of duct tape over the opening? How about one of those Grolsch (sic?) beer bottles with the reusable ceramic top attached to the bottle by a wire and popular with home brewers?
We're "allowed" to make up to 100 gallons of beer in NH. What if the a home brewer made a brew called "half full Pale Ale" and let's say the person that brewed it intentionally containered it
in a resealable Grolsch bottle?  Would that be an open container? the bottle is only 1/2 full, but it's clearly sealed, right? 


If you're up for it, it would be interesting to see if the judge can answer questions (without referring to a book)  about the open container laws that we are all "supposed to know."  I watched the video of Lauren's DMV hearing and it was interesting that the "I'm not a judge guy" who thinks we're all supposed to know the law admitted he didn't know all the laws.  Pointing this out again to another judge might be a good thing, as well as asking the judge additional stump the judge questions that anyone can come up.  Somehow getting the judge to mention we're supposed to know the laws before asking the questions that the judge can't answer will make the hypocrisy exponential.


Note to self - Get some Grolsch bottles, brew some "1/2 full Pale Ale"   

[Daien]

New Hampshire as well as most other states complies with the open container law so the Federal Gov't. will keep giving them bribe money.  I seem to remember that in NH 20+ years ago there was no open container law. Montana seems to be the state that is most "permissive" regarding the co-pilot being able to imbibe.

It always comes down to money and power in one form or another, doesn't it? There's no reason that I can think of why a 'guest' in a car wouldn't be free to drink if they're not planning on driving. Again, another crime without a victim.

One question I'm curious about, is an "open container" a bottle or can that has been opened and then resealed? As in a wine bottle with the cork put back in it?  Also "they" say you must have the open container in an area that is inaccessible to the driver...what if you have a vehicle that's a hatchback or a van and has no locking trunk or glovebox for that matter?  The farthest distance possible from the driver? Maybe you should ask this "Uh Gee Your Honor, is that distance measured as the crow flies or should I use a roller gauge to determine the distance because of the varied topography caused by the usual cluster of debris found in the back seat of my car?"

What is a "sealed container," a sealed coffee mug? A stapled paper bag? A beer can with a piece of duct tape over the opening? How about one of those Grolsch (sic?) beer bottles with the reusable ceramic top attached to the bottle by a wire and popular with home brewers?
We're "allowed" to make up to 100 gallons of beer in NH. What if the a home brewer made a brew called "half full Pale Ale" and let's say the person that brewed it intentionally containered it in a resealable Grolsch bottle?  Would that be an open container? the bottle is only 1/2 full, but it's clearly sealed, right?

Thanks to Ivy, I have the statutes. Title XXI, Chapter 265-A:44 III states:
"Except as provided in paragraph V, no passenger shall carry, possess, or have any liquor or beverage within any passenger area of any motor vehicle upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages may be stored and transported in that compartment or area of the vehicle which is the least accessible to the driver."

There's much more, of course. You can look it all up on-line.

If you're up for it, it would be interesting to see if the judge can answer questions (without referring to a book)  about the open container laws that we are all "supposed to know."  I watched the video of Lauren's DMV hearing and it was interesting that the "I'm not a judge guy" who thinks we're all supposed to know the law admitted he didn't know all the laws.  Pointing this out again to another judge might be a good thing, as well as asking the judge additional stump the judge questions that anyone can come up.  Somehow getting the judge to mention we're supposed to know the laws before asking the questions that the judge can't answer will make the hypocrisy exponential.

Yes, we could refute the words and phrases; 'passenger,' 'motor vehicle,' 'any way,' etc., which would take an incredible amount of time and effort to research all the documents, get all your ducks in a row, and then have the guts to stand up in court and argue one's case. This is the approach that Ivy impressively took, and I examined with her assistance. In the end, I've decided to take a different path as I stated above. What I really appreciate is the diversity of approaches that each Free Stater takes. It spans the entire spectrum and allows for each person to express their civ dis or protest or working toward change in exactly the right way for themselves, while having the support of others who may not necessarily agree with their method. I find this amazing, and am so appreciative that I'm surrounded by people with impeccable integrity and ethics.

I take the approach that I've got a lot of waking up to do within myself, constantly, and it's not my job to point out to others what they're perfectly capable of discovering within themselves. I suppose I subscribe to the school of 'lead by example,' and I doubt that I'll finish my own work in this lifetime in order to be capable of leading anyone else anywhere. 

[Friday]

Montana seems to be the state that is most "permissive" regarding the co-pilot being able to imbibe.

I had heard that about Montana, too.  In fact, I was really looking forward to tooling around with a beer in my hand, not because I'm even particularly into beer but just because.  But when I was driving through Montana, I mentioned that to a lady working in a cafe and the response I got was along the lines of "What, are you crazy?"  It was news to her that open container is legal there.  So maybe it's like open carry (guns) laws in some states; technically legal, but most people aren't even aware of it anymore.

[grolled]

Montana seems to be the state that is most "permissive" regarding the co-pilot being able to imbibe.

I had heard that about Montana, too.  In fact, I was really looking forward to tooling around with a beer in my hand, not because I'm even particularly into beer but just because.  But when I was driving through Montana, I mentioned that to a lady working in a cafe and the response I got was along the lines of "What, are you crazy?"  It was news to her that open container is legal there.  So maybe it's like open carry (guns) laws in some states; technically legal, but most people aren't even aware of it anymore.

You may want to review this before tooling around Montana with a beer in hand- http://www.mdt.mt.gov/safety/open_container.shtml

[FTL_Ian]

I'd like to come with the Keene bandwagon.  

Congratulations on your decision to stand for freedom, Libertine. 

[Fluff and Stuff]

Montana seems to be the state that is most "permissive" regarding the co-pilot being able to imbibe.

I had heard that about Montana, too.  In fact, I was really looking forward to tooling around with a beer in my hand, not because I'm even particularly into beer but just because.  But when I was driving through Montana, I mentioned that to a lady working in a cafe and the response I got was along the lines of "What, are you crazy?"  It was news to her that open container is legal there.  So maybe it's like open carry (guns) laws in some states; technically legal, but most people aren't even aware of it anymore.

In 2001 when the FSP was comparing the states, that was the law in MT but it was changed.  Wikipedia has a list of states and related info.  The Wiki article says that drivers may only drink in MS.  Passengers may drink in quite a few states including much of the South.  From the adults that I've known, it's actually someone common and completely acceptable for passengers to drink.  Sometimes we used to drive from Memphis to Tunica (major casino center) and drink the whole way.  As long as the cops didn't see the driver doing it, I always thought it was legal.  If the Wiki article is correct and it is legal to drink and drive in MS, then I guess we were cool in that regard too.

http://en.wikipedia.org/wiki/United_States_open_container_laws

[Daien]

I'd like to come with the Keene bandwagon.  

Congratulations on your decision to stand for freedom, Libertine. 

I'm delighted you'll be there, Ian, thank you for your support!

[AntonLee]

(Yeah, Barskey too, even though he won't show up.  )

Actually, it looks at the moment like there is not a warrant for my arrest (I've heard that sometimes bench warrants take weeks or months to take affect), so I might show up to support you! Hell, even if there is a warrant, maybe I'll go and support you anyway.

I just thought of the "My Name Is Mike Barskey" t-shirts that someone mentioned. Wouldn't it be hilarious if everyone showed up wearing one, including you, in the courtroom you didn't show up in before? Kinda like, "Where's Waldo!"

[Tom Sawyer]

It's your party Libertine, I think your voice from your heart can have the effect of 500 lawyers.

Lawyer boys would tell you how to work the system, plea, deal, bow.

The courage of the one voice saying what should be said is very compelling.

Besides, what are they going to do kill ya... and even if they do they won't eat ya.

[Daien]

It's your party Libertine, I think your voice from your heart can have the effect of 500 lawyers.

Lawyer boys would tell you how to work the system, plea, deal, bow.

The courage of the one voice saying what should be said is very compelling.

You always make my heart squeek, Tom; you and that Becky Thatcher always exemplifying the same steadfast integrity, joyous honesty, and good old support. I look at the people that I most admire and care deeply for; Kat and Russell, Tom and Becky, and Tackle The World and Facilitator To The Icon, and know why I have the strength to follow in all of your footsteps. Now I've got watery eyes, must be the sun on the damn snow. 

Besides, what are they going to do kill ya... and even if they do they won't eat ya.

Course not, I'm one tough old bird! Bok, bok, bok!!!

[Sam A. Robrin]

Calendar's marked!

[Coconut]

I'll might try to make it. Will have to leave in time to get back for at least a half-day's work, so can't promise anyone a ride I guess.