Drinking (alcohol) in the passenger seat/backseat of a car/taxi in the States My question is a fairly simple one, but consists of multiple clauses: Is it legal for you to drink in a car if you are not the person driving it? Is there (and if there is, what is it) a difference if the vehicle is a taxi or limousine, meaning the driver is paid for service? Is there a difference among different States in the US regarding this? On a personal note, I don't see the problem with drinking if you are not the one who's driving. I guess the laws regarding this (if exists) were written because they are worried that drivers will be more likely to drink themselves if they see people drinking right next to them.
Wikipedia says: Open containers in vehicles Prohibition of Open Containers of Alcohol in Motor Vehicles as of 2009 To comply with the TEA-21 rules of the federal Department of Transportation, a state's motor vehicle open container laws must: Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage in a motor vehicle; Cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats; Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume; Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes; Apply to all vehicles on a public highway or the right-of-way (i.e. on the shoulder) of a public highway; Require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law. Currently, 39 states and the District of Columbia are in compliance. Alaska, Louisiana, Tennessee, and Wyoming have similar limits on the possession of open containers in vehicles, but not to the level of TEA-21 compliance. TL;DR: Open container not allowed in vehicle, even if it's a passenger using it. Exception for buses, taxis, limos. There may be differences in some states.
This is likely to be a matter of policy rather than law That is, it’s not likely there is a law prohibiting it but it is highly likely that the person’s training and their employer’s policy on the matter is that they must complete a ticket once they start it. It’s a pretty universal anti-corruption measure - it prevents the situation where they are writing the ticket, the owner appears and offers them half the value of the fine in cash to stop: well, they can’t stop so they can’t be tempted by the bribe. Of course, the bribe can be offered before they start but, when fighting corruption, you minimise the opportunities rather than eliminate them. I know that police and rangers (private people can’t issue tickets) in new-south-wales are so restricted.
Is this interpretation correct? YES Encounters such as this should normally fall within the non-statutory stop &amp; account which covers police-initiated conversations with members of the public to ask general questions about their activities when there are no reasonable grounds to suspect an offence. The terminology varies from Force to Force, but can be summarised as: What are you doing? Why are you in the area? Where are you going? What are you carrying? There is no legal requirement or obligation to answer any of these questions, and the police cannot lawfully detain anyone to ask them - unlike the statutory powers under Stop &amp; Search and Arrest covered by the OP.
I think the officer is probably lying, not just mistaken, but they are not required to always be truthful. In addition to the law against possessing ID with intent to commit, or to aid or abet, any crime, it is also against the law to be knowingly in possession of a stolen credit card, or any other property. An example of a strict-liability possession crime, which the officer knows of, is that it is a crime to possess heroin, period. I am skeptical that the officer actually believes that there is a law making it a crime to be in possession of a credit card with permission, and suspect that he thinks it is stolen.
As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack probable cause to make an arrest. At the same time, many states have separate laws addressing the making of false reports, lying to an officer, etc. I'd imagine most jurisdictions would have a law supporting an arrest for lying at the scene, even if not for perjury.
It might be illegal, depending on where you are. If it is known to the person who owns the vehicle occupying your space prior to doing so that wheelclamping may be the result, then the common law doctrine of volenti non fit injuria ("to a willing party, harm is not done") would lead to a conclusion that one who knowingly places themselves in a situation where harm may befall them is not entitled to bring a claim of tort against the other party (in the United States assumption of risk is a similar doctrine, but doesn't apply here because wheelclamping is an intentional act). In your situation, this means that the owner occupying your space cannot bring a case in tort against you. While it is generally applied to harm to people, there is precedent (albeit in British case law) for the doctrine to be applied to vehicles, and specifically, to the situation you describe - see Arthur v Anker and Vine v London Borough of Waltham Forest. While cases from other jurisdictions are not binding, I have not been able to find any similar cases in the United States, and so it is possible that such cases will be persuasive. Note that this is highly jurisdiction-specific, and there may be laws in your state that make it unlawful - at least one high-profile case involving a McDonalds and its parking lot operator cites California law authorising only law enforcement to impound vehicles, and considering wheelclamping such an act. However, I have not been able to find the record of a judgement on this matter. It is also likely that if the payment you request is excessive, the owner would be able to seek relief, in the form of reducing the payment owed to a reasonable amount. However, if the parking space was not marked in some way to signal that it was reserved for use, then the owner of the vehicle may be entitled to seek injunctive relief and damages from a court. This would be on the basis of, if you only wheelclamped the car and declined to remove the wheelclamp upon the owner's request, the tort of detinue. But, if you attempted to request payment from them, then as Dale mentioned in his answer, you have committed extortion (wheelclamping is actually listed as a crime of extortion).
UK seat belt law is here. What you were doing is illegal and carries a fine of £500. As to your specific questions: How illegal is this? It is not a criminal offence in any way. What is the possibility of me getting caught? If a police officer notices you will almost certainly be booked. What is the possibility of being noticed? Depends where you are. If I'm caught what fines and / or penalties can I expect? £500 What's the absolute worst that could happen as a consequence of my actions? You could crash and your passengers could die, you would then go to jail for dangerous driving occasioning death. Having 2 people in a seat belt is extremely hazardous - it would be far safer (but still illegal) to have one person in the seat belt and the other one unrestrained. Could it be possible for me to get away with a warning? No Could I get my licence revoked? (:/) Seat belts offences do not carry a points penalty so, of itself, it would not lead to loss of your licence.
The hitting by itself would not be too bad (though the police would likely take a close look because of the two scratched cars – was the driver drunk or something?), but the subsequent running constitutes a crime under § 142 StGB (official but non-authoritative translation). The maximum sentence for this is imprisonment for three years, but a first-time offender would most likely be sentenced to a fine corresponding to a few months’ income, if there are no aggravating circumstances.