Monday, January 12, 2015

What happens when you get pulled over with a Keg in Utah? Not worth it

   
  This is a true story of what happens when you get pulled over in the State of Utah with a keg of beer.  I recently had this happen to me.  Saturday January 10th, 2015, I decided that I had a few hours to kill and would make a keg run from the Salt Lake valley to Evanston, Wyoming.  I am a Texas Resident, with a valid Texas drivers licence and a current Texas automobile registration.  I was unaware of the legal issue that Utah has with any container over (2) liters in volume.  I was also unaware that transporting a keg of beer in Utah is a criminal offence.  I made my purchase at Discount Liquor at 111 North 3rd Street, Evanston, WY.  It also has a location called Spirits of Red Mountain at 622 Wyoming 89, Evanston, WY 82930.  I purchased my beer at approximately 5:10 PM.  The staff is very friendly and if your staying in Wyoming and not planing on buying alcohol for Utah, this is a good place to go.   I was loading my kegs in my truck with the assistance from a very friendly employee who was very persistent to help, even after I told him I was alright doing it myself.  The employee was the only person who was in close proximity to me while I was in the store and loading my kegs.  My purchase amount was $511.45 for (4) kegs and (3) deposits.  No one in the store warned me of what was about to happen to me.

     After loading the beer, I started driving west on Interstate 80, crossed over the border to Utah and proceeded down the highway past Echo reservoir.   I passed a trooper with his lights off in the median at about mile marker 162 (Coalville).  This trooper was not the one that pulled me over.  I notice behind me at another vehicle that was coming up on me fast, and wondered why the trooper did not try to pull him over.  This vehicle was doing in excess of 70 mph.  I had set my cruise control to 70 MPH and waited for him to pass me.  He got close and started to pass me.  Then stayed in the passing lane at my speed and then backed off.  I assumed he noticed the trooper in the median and decided to slow down.  We then continued down the road to about Wanship Utah.  Mile marker 155 is approximately where I decided to pass a slower vehicle.  I made my pass and the vehicle behind me decided to do the same thing.  I hit my turn signal for the pass and hit my turn signal for the return.  I pulled into the slow lane when I was lit up with Utah Highway Patrol.  I stopped at mile marker 155.  Officer Michael Phillips approached the vehicle on the passenger side.  It was now dark at approximately 5:50 PM.  I handed him my information immediately and he told me he was pulling me over for failing to signal for (2) seconds before moving into the slow lane.  He did acknowledge that I signaled, but not for (2) seconds.  He asked me where I was heading, and where I had been.  I told him I was heading back to the Salt Lake valley tonight and I had come from Evanston.  He asked me why I was traveling and I informed him that I had just made a large purchase of beer.  I told him that my plans were to take the beer back to Texas and that I had purchased a few kegs of beer that are not available in my town.  I also told him that I purchased the kegs at a good price too.  He then proceeded to interrogate me and my passenger separate from each other. Our stories matched up, but he was having a very difficult time believing my story.     He then let me know that I was reported to him by an off duty Wyoming officer.  He was told about my description of my vehicle and was told that the officer had said I had been drinking because I smelled of Alcohol.  

THIS OFFICER WAS INSIDE DISCOUNT LIQUOR.  

The only person who was close enough to smell me was the employee who was helping me get my kegs into the truck.  No other person approached me in the store.  

Officer Phillips then proceeded to ask many personal questions to try and find out if I was holding a large party for the Dallas Cowboys playoff game.  He then gave me a field sobriety test and then asked me to blow into his alcohol breath testing device.  I complied and he was surprised to see that I blew a 0.00  (NO ALCOHOL in my body)  He confiscated the kegs of beer and gave me (2) misdemeanor charges of Unlawful transportation of alcohol code 32b-4-602 and possess beer in a container that exceeds (2) liters code 32B-4-406 (1) (B).  

I was very fortunate that officer Phillips did not arrest me and book me in the summit county jail.  The bond on the charges exceed $1000.00   I have had to retain an attorney to represent me at a cost of $1500 and I am hoping for the best.

The reason for my Blog is not to bad mouth Utah, officer Philips, Mormons, Discount liquor, or any employees.  My Blog is meant to inform anyone in the United States that goes and legally purchases alcohol or kegs to avoid Utah's borders.  Beer is a grocery to myself.  I enjoy it at home with my friends and family and will continue to do so.  I will never do this again and I hope anyone who is a law abiding citizen will take my experience and remember that Kegs in Utah are a serious offence that can cost you lots of money and possibly jail time.  Utah citizens should reconsider their law that can take an adult person and who is of legal drinking age and enjoys drinking keg beer at home to stop criminalizing such an innocent act.  Utah should also have a sign at the borders saying " KEGS ARE A CLASS B MISDEMEANOR PUNISHABLE OF UP TO 6 MONTHS IN JAIL AND FINES"

Until then...

DO NOT DRINK AND DRIVE AND DO NOT BRING KEGS INTO THE STATE OF UTAH 

19 comments:

  1. Tell me this is not all true?

    The penalty is 6 months to one year in jail and what 10K in fines for bringing that little beer keg into Utah state lines? That little keg is over 2 liters. Are you kidding me? I just cannot believe that this law is still on the books if it is true. This is bigger penalty than bring weed across boarder or an actual DUI which are class C misdemeanor ? The thing that gets me is I can go to liquor store and buy bottles and bottles of 100% proof whiskey but that little keg which is only 6% proof lands me in jail. I can also buy 10 cases of beer at the liquor store or at the grocery store here in Utah. This tells me that it is all about the money. They are not worried about kids getting liquor or beer because you can do that anyway. Its about the money and the taxes. I’m I wrong here. Why not sell kegs here and get the taxes. So maybe it is about something else?

    Also what is more upset and wrong is how people are set up to be trapped and fall prey to this law. Undercover cops waiting inside the store or parking lot where kegs are sold, no signs in store or on street warning people of the penalty instead people are like sure you can buy that here no problem then they call the Utah highway patrol which then all lead to a trap being set and a innocent person who likes to drink beer at home unknowingly get busted for class B. There are no signs either in the store or on the boarders.. I think responsible people drinking beer at home keeps them from going out to bars and restaurants and has to help prevent people driving drunk and causing potential deadly accidents. That alone is why this law is bad… Utah is the only state with this law. Even little backward Idaho has figured this one out.

    The law should be changed it’s a bad, its unfair and it is an unnecessary law.

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  3. Here is my KSL interview

    http://www.ksl.com/index.php?nid=148&sid=33200194

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  4. UPDATE: The case has been settled. Thanks to a very nice Park City Judge and prosecutor, all charges will be dismissed as long as I stay out of trouble for 6 months. The total cost for getting caught with a Keg was over $500 for the loss of beer $200 for keg deposits, Attorney fee of $1500 and a $375 fine. Plus lots of time. It's not worth making a keg run. I was very lucky I did not see any jail time too. Very expensive lesson. Hopefully Utah someday will normialize it's strick laws on Kegs of beer and make them available to the citizens of Utah. Until then, DO NOT RUN KEGS OF BEER THROUGH UTAH!!!!

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    1. Utah has a law that beer can only be 3.2% alcohol. I grew up in Rhode Island and beer there is 5%.

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  5. You CAN bring a keg of your favorite beet into Utah from Wyoming. When you are detained by law enforcement, simply provide your drivers license, and obey all COMMANDS---that's IT. When you purchase FOUR kegs of beer, transport them across state lines (ANY state), and inform a patrolman (who didn't even ask about that) "...I have made a large purchase of beer" (and I intend to drive the large purchase across state lines), then you have put both you and the patrolman into a difficult situation. You have put the patrolman into a situation that he is now forced to "investigate." An investigation which now, of course due to your mouth, entails separating occupants, and interviewing them, breathalyzer, and field-sobriety-tests, etc....even using a "ruse" on you to attempt to get additional information from your big mouth. http://policelink.monster.com/training/articles/1911-lying-to-a-suspect-how-far-can-an-investigator-go
    There was NO "off-duty wyoming officer" inside of the liquor store smelling your breath and getting your car description. That is a "ruse" (lie), along with the "personal questions" he asked you.
    The next time (if there is one--hopefully you only pick up one or two kegs) you are stopped by law enforcement (in ANY state), provide your license, obey any commands, and that is ALL. I'm actually surprised you didn't tell the patrolman that you also snuck into a bar when you were 19. If you had simply kept quiet, you'd be sipping a proper beer right now, after (possibly) paying a silly lane-violation ticket. Now enjoy your 3.2% beer while I swill my 8% Snakeriver (Wyoming) black IPA. I hope the reader of this story learned exactly WHAT NOT TO DO.

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    1. Beerboy... 1. I did provide my license and obeyed all commands 2. Not true about beer kegs and all states. Beer kegs are legal in all states except Utah. Some counties in some states are dry. The officer was already aware of the beer and if you lie to a officer you are committing a crime. But don't forget, I did not know it was illegal. The situation was not difficult for the patrolman. He was very aware of what he was pulling me over for, because he told me. The investigation he did was going to happen anyway. I was going to be in trouble anyway. Because I was cooperative, he did not arrest me which he could have done. YES... There was an off duty officer in the store. It was in his report and he was named. I do not think the officer would have lied on a report with actual names of officers in the store. There will not be a next time, because I now know it's a crime. I posted this blog, so others would be aware of what the consequences are. I also learned how to make beer since then. I now legally make kegs of my own beer. Cheaper and tastes better too. If my kegs were out of sight, and I felt like possible loss of life due to getting shot by a trigger happy Utah police force, I might have followed your direction. In Utah you can get shot for sleeping in your car, shoveling snow without a licence or walking around town with a sword. Id rather just make my own beer and stay out of the cross hairs of the police.

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  6. Only illegal to lie to a federal officer during an investigation. ;) If you think I am wrong, show me this law you speak of?

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  7. Just go with it have the right to remain silent you have to comply n with lawful orders but tou are not legally obliged to answer any question

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  8. Just go with it have the right to remain silent you have to comply n with lawful orders but tou are not legally obliged to answer any question

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  9. You are talking about kgs, but what if you go to WY to buy 4-5 cases of beer to bring back to Utah?

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    1. Nope. This is Utah we are talking about. Assume, it's illegal and go from there.

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  10. That is an Illegal act. That is transporting. They want their tax.

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  11. You are exactly correct. It's about the tax and control of alcohol. Many people here in Utah purchase beer in other states due to the 3.2 alcohol content in Utah (unless you pay twice as much at the ABC store). Transporting it into Utah is a big no no. It's also the same for tobacco without the Utah tax stamp.

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  12. You are exactly correct. It's about the tax and control of alcohol. Many people here in Utah purchase beer in other states due to the 3.2 alcohol content in Utah (unless you pay twice as much at the ABC store). Transporting it into Utah is a big no no. It's also the same for tobacco without the Utah tax stamp.

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  13. You are exactly correct. It's about the tax and control of alcohol. Many people here in Utah purchase beer in other states due to the 3.2 alcohol content in Utah (unless you pay twice as much at the ABC store). Transporting it into Utah is a big no no. It's also the same for tobacco without the Utah tax stamp.

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  16. The cop acted like gestapo asking why he is traveling, what he is doing. None if his damn business!

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