Your friend opens a bottle of beer in your car, takes a sip, and then re-screws the cap on tightly. You are pulled over by an Oregon officer. Is this a violation of the open container law?
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A.
No; once it is reclosed, it counts as a closed container.
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B.
Yes; a container with a broken seal is "open" even if it has been reclosed. Correct
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C.
No; it is only a violation if someone is drinking from it at the time of the stop.
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D.
No; it is only a violation if the driver also drank from it.
The answer is "Yes; a container with a broken seal is "open" even if it has been reclosed."
Yes. Under Oregon's open container law, a container counts as "open" the moment its seal is broken. Reclosing the cap does not reset that status. To stay legal, the bottle would need to be in the trunk, not the passenger area. The trap here is treating "reclosed" as "closed"; the manual is explicit that those are not the same thing, and the rule applies regardless of who drank from the container.
The traps in the wrong answers
A. No; once it is reclosed, it counts as a closed container.
The manual is explicit: a broken seal makes the container open, even if reclosed. Reclosing the cap does not undo the violation. Misreading: Treats 'reclosed' as legally equivalent to 'closed,' ignoring the manual's explicit 'even if it has been reclosed' carve-out.
C. No; it is only a violation if someone is drinking from it at the time of the stop.
Active drinking is not required. The violation is having an open container in the vehicle, regardless of whether anyone is currently drinking. Misreading: Adds an 'in the act of drinking' requirement that is not in the rule; the law turns on whether the seal is broken, not on present consumption.
D. No; it is only a violation if the driver also drank from it.
The open container rule applies regardless of who has been drinking. Driver consumption is not what triggers the violation. Misreading: Limits the rule to the driver, but Oregon's open container law applies to any open container of alcohol in a vehicle on any road.
This question tests your knowledge of DUI & Impaired Driving in Oregon. Source: Oregon Driver Manual, "Dangerous Driving Behaviors: Impaired Driving," p.83..
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