# Alcohol in Public State Park - Ticket



## Lav20 (Mar 22, 2005)

So I am Garner State Park last week. We park at Rock Beach and I exit the truck (I am a passenger) with a beer inside a kouzie. There is one last sip left (25%). I walk towards the rear of the truck when I see 2 park rangers approach towards me. I put the beer in the bed and they tell me to dump the rest out. I dump the rest out and put it the empty in the bed of the truck. Then they precede to write me a ticket. I fully cooperated and was not at all drunk. We had about 7 kids between the two trucks and the other adults had yeti cups much like many other people at Rock beach. 

Now my question why or how can they write me a ticket without physically seeing it was beer I was drinking behind the kouzie? Had they asked to check the can I would have let them, but they did not. How could they write any alcohol tickets if they don't identify the source? :brew2:


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## MarkU (Jun 3, 2013)

I guess you could fight it. But paying the ticket will be a lot easier. Don't forget, you were drinking a beer. Maybe they were ticked off you didn't offer them one..


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## Salty-Noob (Jun 9, 2015)

Lav20 said:


> So I am Garner State Park last week. We park at Rock Beach and I exit the truck (I am a passenger) with a beer inside a kouzie. There is one last sip left (25%). I walk towards the rear of the truck when I see 2 park rangers approach towards me. I put the beer in the bed and they tell me to dump the rest out. I dump the rest out and put it the empty in the bed of the truck. Then they precede to write me a ticket. I fully cooperated and was not at all drunk. We had about 7 kids between the two trucks and the other adults had yeti cups much like many other people at Rock beach.
> 
> Now my question why or how can they write me a ticket without physically seeing it was beer I was drinking behind the kouzie? Had they asked to check the can I would have let them, but they did not. How could they write any alcohol tickets if they don't identify the source? :brew2:


 *Alcohol*

*Q:* *Can I drink alcohol in a state park?* 
*A: * It is against park rules to drink or display an alcoholic beverage in a public place at any time. All outdoor areas are public in a state park. Also, we cannot sell alcoholic beverages within a state park. Refer to Texas State Park Regulations 59.134 (b).

Straight from TPWD


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## DUTY FIRST (Jun 23, 2012)

Broke the law.
Got caught.
Deal with it.


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## Cowboyupo6 (Jun 27, 2013)

well looks like I wont go to garner, I will go to another park to float the river and drink... I didn't know it was illegal...good to know before I get caught.


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## Johnboat (Jun 7, 2004)

*Camouflage*

Next time use tall ice tea size plastic glasses. Be completely out of sight when you pour. Do not present a can or bottle or carton within anyone's sight, full or empties. It's the open visible drinking they are after.


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## Mick R. (Apr 21, 2011)

You were in possession of an open container of alcohol - that's all they need to write you a ticket. Don't have to actually see you drink the beer.


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## StinkBait (May 31, 2004)

Johnboat said:


> Next time use tall ice tea size plastic glasses. Be completely out of sight when you pour. Do not present a can or bottle or carton within anyone's sight, full or empties. It's the open visible drinking they are after.


x2, never had a problem. As long as you don't get drunk and act a foo they typically won't mess with you. They might be a little tighter on the rules at GSP though due to the amount of people in the park.


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## Blk Jck 224 (Oct 16, 2009)




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## Bocephus (May 30, 2008)

Johnboat said:


> Next time use tall ice tea size plastic glasses. Be completely out of sight when you pour. Do not present a can or bottle or carton within anyone's sight, full or empties. It's the open visible drinking they are after.


People have been drinking at Garner for years using those types of methods. People that get busted are usually people that don't know about the law and pull out a beer can, or bottle.


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## Lav20 (Mar 22, 2005)

Just found out it's only $169.00 so not the $500.00 I thought I read somewhere. 

My point was not to ask whether it's legal, because I know it's not. But I believe the TPWD needed to verify it was beer/alcohol. It's a simply money grab and that being said they should dot their i's and cross their t's.

I am not anti-police as my family are police in the Northeast but when they don't exercise common sense it's frustrating. The laws are to keep people safe. How many people have gone through red lights at 5 am while leaving your neighborhood because they are stuck on red and there is no one on the road. Driving 60 mph in a 55, using water during a drought...I think finishing a beer and putting in in a trash bag qualifies. 

I am not interested in driving 300 miles and fighting this one but was only questioning whether the TPWD messed up by not checking.


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## Bocephus (May 30, 2008)

Lav20 said:


> Just found out it's only $169.00 so not the $500.00 I thought I read somewhere.
> 
> My point was not to ask whether it's legal, because I know it's not. But I believe the TPWD needed to verify it was beer/alcohol. It's a simply money grab and that being said they should dot their i's and cross their t's.
> 
> ...


They saw the top of the can maybe ? But if you had been drinking a Diet Coke you would have pulled it out of the coozie and showed them...correct ?

But you didn't, and took the ticket without trying to show you weren't drinking alcohol. So....you knew you were, they knew you were. What's your point ?

As some have said pay your fine, and forget it.


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## gettinspooled (Jun 26, 2013)

Lav20 said:


> Just found out it's only $169.00 so not the $500.00 I thought I read somewhere.
> 
> My point was not to ask whether it's legal, because I know it's not. But I believe the TPWD needed to verify it was beer/alcohol. It's a simply money grab and that being said they should dot their i's and cross their t's.
> 
> ...


If I were you I would dispute it and try to atleast lower the fine. $169 seems a bit high.


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## Bocephus (May 30, 2008)

gettinspooled said:


> If I were you I would dispute it and try to atleast lower the fine. $169 seems a bit high.


Dispute it ?

He knows he was guilty, and has admitted it in his OP ? What's he gonna dispute ?


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## ShadMan (May 21, 2004)

Public *display* of consumption of alcohol is illegal in all Texas state parks. Note that consumption of alcohol is not...put it in a cup next time.


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## Lav20 (Mar 22, 2005)

ShadMan said:


> Public *display* of consumption of alcohol is illegal in all Texas state parks. Note that consumption of alcohol is not...put it in a cup next time.


That's the creative feedback I was after. Good stuff.

I am paying the fine now so chill on all the I am a criminal and need to serve my time....etc.


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## MEGABITE (May 21, 2004)

It's pretty obvious to most whether you have a beer or a soda in your koozie. Gotta hide it in state parks.


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## wisslbritches (May 27, 2004)

Cowboyupo6 said:


> well looks like I wont go to garner, I will go to another park to float the river and drink... I didn't know it was illegal...good to know before I get caught.


Thank you. This^ is what the public consumption rules are for.

If you keep it private and you or anyone else in your group don't start actin' a fool, you'll never have a problem.....at any Texas State Park.


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## Bocephus (May 30, 2008)

Lav20 said:


> That's the creative feedback I was after. Good stuff.
> 
> I am paying the fine now so chill on all the I am a criminal and need to serve my time....etc.


I for sure didn't intend to paint you as a hardened criminal. We've all gotten popped for minor offenses....haha. But now you know, what you need to know....

Garner's a great place, have fun !


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## essayons75 (May 15, 2006)

They may have had issue with you having it inside the vehicle as an "open container".

Just guessing.


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## Lav20 (Mar 22, 2005)

Ticket paid. I am over it. 

Now off to purchase Tecate kouzies and drink Diet Coke inside state parks. Show them the can AFTER they write the tickets.....just kidding. maybe not.


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## Shooter (Jun 10, 2004)

I was camping at Brazos Bend State Park and had a case of beer sitting beside my cooler. Park Ranger pulls up and ask me to put it behind my cooler so it couldn't be seen from the road. Made a remark to keep it in a cup when drinking. Nice guy.


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## 24Buds (Dec 5, 2008)

as long as you are IN the river, drink up! Set foot in the park, its game on. I learned this while drinking a beer in the river, headed to the shore.....and was told politely the laws of GSP


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## ShadMan (May 21, 2004)

essayons75 said:


> They may have had issue with you having it inside the vehicle as an "open container".
> 
> Just guessing.


 Ty, that would have been a different citation.  If they wanted to be arses, they could've written for both.


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## TranTheMan (Aug 17, 2009)

Lav20 said:


> Ticket paid. I am over it.
> 
> Now off to purchase Tecate kouzies and drink Diet Coke inside state parks. Show them the can AFTER they write the tickets.....just kidding. maybe not.


LOL. Give it a try and let us know and don't forget to offer them a sip.


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## goinpostal3 (Jul 2, 2004)

Shooter said:


> I was camping at Brazos Bend State Park and had a case of beer sitting beside my cooler. Park Ranger pulls up and ask me to put it behind my cooler so it couldn't be seen from the road. Made a remark to keep it in a cup when drinking. Nice guy.


Had the same thing happen to use at Brazos Bend. A group of adults went camping for a kid-free weekend. As we were unloading, a Park Ranger pulls up and tells us if we plan on doing some drinking, keep it hidden and keep the noise down so he doesn't have to come back. While sitting around the camp fire (being quiet), someone got careless and left a plastic vodka bottle on the table outside the tent. When he came around he politely reminded us to get it hidden.

And everyone's beer was kept in the tents with a trash bag on the floor. Then pour the beer in a cup, can in the bag and enjoy the evening.


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## bullrat_38 (Jul 23, 2008)

Respectfully ask them to identify the beverage they saw you drinking.... if they can give you the brand then pay up, if not... well try and get tazed, it will atleast be exciting for the kids


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## sea hunt 202 (Nov 24, 2011)

Be glad it was not a glass bottle


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## jaime1982 (Aug 25, 2009)

As others have said, next time put it in a cup or hide it better. Thats what I do and I drink inside walmart, heb, ect all the time. Closed MDs cup with a straw and no one knows the wiser to what im sippin on. Thats the only way I can put up with wifey going through every single aisle.


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## gettinspooled (Jun 26, 2013)

Bocephus said:


> Dispute it ?
> 
> He knows he was guilty, and has admitted it in his OP ? What's he gonna dispute ?


Ok continue paying full price then... I'm just saying if you don't want to pay full price then you should dispute it.


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## Bocephus (May 30, 2008)

gettinspooled said:


> Ok continue paying full price then... I'm just saying if you don't want to pay full price then you should dispute it.


Negotiate a state fine ?....and what would you dispute ?

Just curious


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## Mick R. (Apr 21, 2011)

ShadMan said:


> Public *display* of consumption of alcohol is illegal in all Texas state parks. Note that consumption of alcohol is not...put it in a cup next time.


 Someone has misinformed you - here's what the law says...



> (j) Alcoholic Beverages.
> It is an offense to consume or display an open container of an alcoholic beverage in a public place or sell alcoholic beverages within a state park.


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## Tall1 (Aug 3, 2009)

I got in the same situation many years ago at Kerrville Shriner State Park. To make matters worse, I was wearing a jacket that said "Police" (no town, city, state, precinct, etc) on it. He tried to accuse me of impersonating a police officer and confiscated the jacket. 


Sent from my iPhone using Tapatalk


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## txjustin (Jun 3, 2009)

Sometimes they can be *****. 

I never had a problem at Garner. Drink beer in the truck, walking around, and in the river. Mmmm mmmm beeeeeeeeeeer.


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## Castaway2 (Aug 8, 2013)

Mick R. said:


> Someone has misinformed you - here's what the law says...


the second quote in your response seems like a cup would be alright.. it all depends on how you interrupt what is written.... it says "It is an offense to consume or display an open container of an alcoholic beverage in a public place" well if that container is not being consumed or displayed ( the drink is in a cup ) then it would be OK... laws all have there loopholes and are written so that understanding them can be difficult. MO :texasflag


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## poppadawg (Aug 10, 2007)

Tall1 said:


> I got in the same situation many years ago at Kerrville Shriner State Park. To make matters worse, I was wearing a jacket that said "Police" (no town, city, state, precinct, etc) on it. He tried to accuse me of impersonating a police officer and confiscated the jacket.
> 
> Sent from my iPhone using Tapatalk


So are you a cop?


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## Lav20 (Mar 22, 2005)

poppadawg said:


> So are you a cop?


My friends father worked for the DEA and was credited in Henry Hills book (Goodfellas) for keeping him alive, so he was high in the Organization.

Anyway he gave us all DEA hats while we were in high school which were cool. Just wearing an article of clothing does not mean your impersonating anything or anyone.


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## redspeck (Jul 3, 2012)

Always throw your empty beer cans in a black bag, I was at the park one day and I saw people hiding there beers but throwing there empty cans in a clear trash bag hung on a tree nail, not smart!


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## Tall1 (Aug 3, 2009)

poppadawg said:


> So are you a cop?


No. And wearing something that only says "Police" on it doesn't mean that I am. I could have a tee shirt with "Police"' written in magic marker, and it technically wouldn't have been any different.

Sent from my iPhone using Tapatalk


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## scwine (Sep 7, 2006)

Well, I learned something new. Not like I go to state parks quite a bit, but I did not know about alcohol being illegal.


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## Pocketfisherman (May 30, 2005)

You are lucky they were not a few minutes earlier or the driver could have gotten cited to for an open container in the vehicle.


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## dwilliams35 (Oct 8, 2006)

Lav20 said:


> My friends father worked for the DEA and was credited in Henry Hills book (Goodfellas) for keeping him alive, so he was high in the Organization.
> 
> Anyway he gave us all DEA hats while we were in high school which were cool. Just wearing an article of clothing does not mean your impersonating anything or anyone.


 There's a pretty big difference between a DEA gimme cap and a raid jacket.. Those big letters across the back aren't there just for fashion..


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## Bocephus (May 30, 2008)

Lav20 said:


> My friends father worked for the DEA and was credited in Henry Hills book (Goodfellas) for keeping him alive, so he was high in the Organization.
> 
> Anyway he gave us all DEA hats while we were in high school which were cool. Just wearing an article of clothing does not mean your impersonating anything or anyone.


I liked Henry Hills wife...Karen


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## ShadMan (May 21, 2004)

Mick R. said:


> Someone has misinformed you - here's what the law says...


You need to re-read your quote. Note that "open container of an alcoholic beverage" is what the consuming and displaying refer to. It does not say consumption of alcohol is an offense. It says consumption of an open container of an alcoholic beverage" is an offense.

The signs at the front of the parks say "Public display of consumption of alcohol is illegal".

It sounds like a grey area. However, in all my years of camping at state parks I've never heard a ranger ask someone what is in their cup. I have seen quite a few tickets written to people carrying around cans of beer, though I've never seen it happen when the person wasn't being an arse.


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## cva34 (Dec 22, 2008)

DUTY FIRST said:


> Broke the law.
> Got caught.
> Deal with it.


Agree


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## Rubberback (Sep 9, 2008)

Got it pour your beer in a styrofoam cup & don't be stupid & life is good.


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## muney pit (Mar 24, 2014)

DUTY FIRST said:


> Broke the law.
> Got caught.
> Deal with it.


Yep.


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## pocjetty (Sep 12, 2014)

Bocephus said:


> People have been drinking at Garner for years using those types of methods. People that get busted are usually people that don't know about the law and pull out a beer can, or bottle.


People have been drinking at Garner since it's been Garner. What's next? You can't pee on the trees? Or let a bunch of kids ride in the open bed of your truck?


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## Hotrod (Oct 11, 2006)

If you're standing in the water, you're out of park limits,


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## Whitebassfisher (May 4, 2007)

Lav20 said:


> So I am Garner State Park last week. We park at Rock Beach and I exit the truck (I am a passenger) with a beer inside a kouzie. There is one last sip left (25%). I walk towards the rear of the truck when I see 2 park rangers approach towards me. * I put the beer in the bed and they tell me to dump the rest out. I dump the rest out and put it the empty in the bed of the truck.* Then they precede to write me a ticket.
> Now my question why or how can they write me a ticket without physically seeing it was beer I was drinking behind the kouzie? Had they asked to check the can I would have let them, but they did not. How could they write any alcohol tickets if they don't identify the source? :brew2:


*Alcohol*
Public display _or_ consumption of alcohol is prohibited. All outdoor areas within the park are public.
The Rangers saw it and probably smelled it. Were you expecting laboratory analysis?


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## spuds (Jan 2, 2005)

What a stupid law! Somehow, hiding your beer can makes everything alright???

Don't get stupid, don't litter, everything else is just B.S.

You should have told him, "you were from Colorado, and what else is illegal here in Texas?"


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## Lav20 (Mar 22, 2005)

Whitebassfisher said:


> *Alcohol*
> Public display _or_ consumption of alcohol is prohibited. All outdoor areas within the park are public.
> The Rangers saw it and probably smelled it. Were you expecting laboratory analysis?


Yes I was expecting laboratory analysis. You answered my question. :headknock

Or Maybe a simple what's in the can question. I mentioned I would have showed him because I was fully cooperating because I know 99% of the tickets are when people don't cooperate. Yes sir, no sir, I agree sir, I was wrong sir....etc. This is why I posted this because I was under the assumption if it's covered your ok.


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## jamisjockey (Jul 30, 2009)

spuds said:


> What a stupid law! Somehow, hiding your beer can makes everything alright???
> 
> Don't get stupid, don't litter, everything else is just B.S.
> 
> You should have told him, "you were from Colorado, and what else is illegal here in Texas?"


_Or
_You can't consume in public at a state park in Texas.


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## Tex-Cajun (Sep 14, 2010)

My experience at Garner.....
I was told to pour out my solo cup (which was filled with beer) by a park deputy. It was after dark around the pavilion during the dance. Me and buddy were just standing there waiting to pick up kids when he walked right up told us to dump it. We said yes sir and he moved along, friendly but firm. We were not staying in the park, just went in the evening for the dance. 

If your plan is to drink a few beers or several beers, just stay out of the park. I didn't like having to constantly look over my shoulder for park police trying to sneak a drink, a cold beer is not worth the ticket or being arrested. 

BTW... the deputy or ranger that got me was a big ol' boy. About 6'-5", not in uniform, he was wearing jeans, boots and a white button down shirt. He had a badge clipped on his belt.


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## sotol buster (Oct 7, 2007)

You didn't have a Pedernales State Park couzie did you? They might have been jealous.

Sent from my SAMSUNG-SGH-I747 using Tapatalk


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## Lav20 (Mar 22, 2005)

sotol buster said:


> You didn't have a Pedernales State Park couzie did you? They might have been jealous.
> 
> Sent from my SAMSUNG-SGH-I747 using Tapatalk


No it was this one. I thought I would throw them off.


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## Johnboat (Jun 7, 2004)

*It's really a great rule*

1. Of course your solo cup got you busted. It was a dance...young people, a crowd.

2. No one wants a bunch of loud obnoxious open drinkers at a park.

3. But at your cabin or campsite or picnic table, you can discretely enjoy a concealed adult beverage, get a mild camp buzz in the outdoors and nobody will say a thing.


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