I'd be filing a formal complaint and possibly contacting an attorney. That's absolutely ridiculous. It's akin to being pulled over and harassed for drinking a Pepsi because it comes in the same container as beer does. Yeah, I'd be on the phone with a lawyer tomorrow. But I'm a bit of an antagonist.[/QUOTE
you should go to the police dept. and talk to his supervisor bout training this cop better, obviously he doesn't know the law.
and for the record it is illegal to drink pepsi and drive. the law states that it is illegal to drink and drive,it doesn't mention alcohol only, it is being distracted while driving. look it up and you will see. just a heads up.
Where are you getting open container = ANY open container? Texas Penal Code Section 49.031 is specific to "Open container" meaning 'a bottle, can, or other receptacle that
contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed'...
There are new laws in the mix for the UK where you cannot be driving with ANYTHING in your hand, there are some states that have responded to TEXTING and driving, but Texas is pretty specific to open container referring to an alcoholic beverage versus your local Starbucks coffee.