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Reply to "Parents drinking beer while taking kids trick-or-treating?"
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[quote=Anonymous]VA statute (18.2-323.1) has two parts. Section A says that it’s unlawful to drink while driving. That’s pretty straightforward. The portion that snags people is Section B. It creates a rebuttable presumption that the driver has violated the statute if: 1. An open container is in the passenger compartment, 2. Some of the alcoholic beverage has been removed from the container, and 3. The driver does or says something that indicates they’ve been drinking. FWIW, I couldn't find anything prohibiting open containers outside of a vehicle unless it pertained to public intoxication. [/quote]
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