Brainerd City Council member Mark O'Day was fined $150 for violating Minnesota's open bottle law Nov. 2. The violation is a misdemeanor.
According to the traffic complaint, Brainerd police stopped O'Day on Kingwood Street after McDonald's on West Washington Street reported a car had just gone through the drive-through and the occupants had open cans of beer.
After stopping O'Day, police found an empty beer can under the driver's seat. O'Day submitted to a preliminary breath test with a result of 0.007, under the legal limit of 0.1.
"They found a beer can under the back seat," O'Day said Wednesday. "Me and my wife had just driven to Little Falls to drop off the kids and next thing I know I got pulled over."
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