Open Bottle for passengers on the bus
I was driving my friends around for a Stagette party in my converted shuttle bus (Minnesota). As the driver, I was not drinking, but was pulled over because some of the gals were yelling out of the windows after a bar stop. The gals had their own cooler of beverages (alcohol) in the back, I did not furnish any. I got charged for thirteen open bottle counts. I've been told by many people in the past that as long as alcohol consumption takes place behind the separated driver's compartment in a motorhome or bus, that it's legal, but the officer didn't think so and wrote the citations. How does a limo driver get by with furnishing champagne for consumption in the back, but I get tagged with open bottle? Just trying to keep drunks off the road and yet still have fun doesn't seem to be worth the repercussions. What defense can I use in this situation now? And what, if any, additional criteria needs to be met to make this possible business venture legal, as the County license bureau advised me to license my bus this way when I told them how I would use it?
2 Answers from Attorneys
Re: Open Bottle for passengers on the bus
Minnesota Statutes Sec. 169A.35 provides that the only exceptions to open bottle law. It states that the open bottle in a motor vehicle law does not prohibit the possession or consumption of alcoholic beverages by passengers in:
(1) a bus that is operated by a motor carrier of passengers, as defined in section 221.011, subdivision 48; or
(2) a vehicle providing limousine service as defined in section 221.84, subdivision 1.
As a result, if you are not a licensed motor carrier, no alcohol is allowed. Nonetheless, oftena prosecutor will negotiated to avoid a conviction if you have a clean record.
Fo a consultation call 612.240.8005.
Re: Open Bottle for passengers on the bus
Minnesota does have an exemption to the open bottle law for busses operated as a "motor carrier of passengers" which would be defined as someone who is engaged in providing transportation for hire of 8 or more passengers. In addition, you would have to receive compensation for driving the parties around. This would also require a permit. Another exemption is for a vehicle providing Limousine service and Limousines must be licensed.
The law does not apply to beverages that are in a cargo area, or an area not accessible to the driver and passengers. Most police officers are somewhat lenient with busses and motor homes as long as there is a wall or door separating the drivers area.
In the current situation you may want to hire a lawyer or deal directly with the prosecutor to try to get the charges reduced. I would think you may be able to get by with one count of allowing and possibly keep it off of your record. You could always appear in court and take your chances with the Judge. A Judge may be lenient when he or she finds out that you were driving friends around in a bus.
For the future, you could get your vehicle licensed if you are going to do this for compensation and it holds 8 or more people. However, I believe that you would also have to have a special driver's license to operate it as well, so I am not sure it would be worth your time.
Tim Stone, attorney5076253000
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