Browning Law News Blog

 I don't make a habit of writing about myself in my blogs, but this week I was welcomed into the brotherhood of martial artists who have attained the rank of black belt.  It means a lot to me, and I shall certainly strive to uphold the virtues expected of me.  And I guess it goes with the nickname one of my fellow trial lawyers gave me:"Pitbull Browning."

OPEN CONTAINER and INVISIBLE DRUG POSSESSION Everyone is familiar with the prohibition against drunk driving.  In Idaho, if you are in your vehicle with the motor running, or the key in the ignition, and you are found to have a blood alcohol level of .08 for adults or .02 for minors, you can be found guilty of driving while intoxicated. A companion crime of a DUI is an "open container" violation.  In Idaho, the law states that you cannot be driving a vehicle with an unsealed container of alcohol in the passenger section of the car.   Having been driven home from high school by a friend who resumed chugging a half-empty bottle of vodka during the drive home, I can understand why it is not a good idea to have an open container of alcohol Sounds easy enough to understand, right?   The problem arises when an officer stops a vehicle and then notices an empty beer can in the passenger section.  Is that a violation of the prohibition against having an open container of alcohol in th