While driving your car, you are not allowed to have any alcohol containers, such as bottles and cans, that have been opened, having broken seal, nor had its content partially removed.

The leading non-DUI/DWI offense related to alcohol charged to a driver is the open container violation.

Here are the elements involved in an open container violation:

  1. You are driving a motor vehicle.
  2. You are driving on a highway or any public roads. This does not include parking lots and private roads.
  3. You have an alcohol container, like a glass, a bottle or a can near you, in your pocket or in your hand.
  4. The container has alcoholic beverage of any amount when seen by the officer. The smell of alcohol is not ample to be considered as an offense.
  5. If the bottle’s seal is broken or the alcoholic beverage in the container is partially removed, then it is considered a violation.

Usually, when an officer sees that there is an open container of an alcoholic beverage in your car, rest assured, you will be accused with open container violation. This is the next big offense an officer can charge you with if he or she rules out DUI/DWI.

If you are accused for open container violation, and you can’t come up with an acceptable defense, you better negotiate with the officer for a lighter violation. You can go for an open container kept in vehicle violation. The major defense for this violation is you didn’t know the open container was in the vehicle.

If only the passenger has the open container, he or she will be cited with open container violation along with the driver for letting that person bring an open alcoholic container in the car, so be careful in letting other people in your car.

To get through an open container violation, it is best to consult or hire a lawyer to guide you through the legal proceedings.

Related Posts
DWI: Driving while intoxicated
Operating  or driving a motor vehicle while under the influence of alcohol or drugs that impair your driving skills and perception is a crime in the United States which is ...
READ MORE
Basics of Business Partnership
By definition, a partnership is a business with more than just one person or one owner running it. A partnership refers to businesses with owners who have not filed legalities ...
READ MORE
How a real estate attorney can help you during your home purchase
There are different kinds of real estate transactions such as commercial leases, residential rentals, single-family home, and investment property transactions. To make sure that your real estate transactions run smoothly, ...
READ MORE
Bankruptcy filling without an attorney
Within the 2005 legal guidelines, customers have to choose credit score guidance before submitting a new individual bankruptcy request. Consumers are also subjected to an easy method check, to determine ...
READ MORE
Legal help in Short Sale or Deed in Lieu of Foreclosure
A short sale and a deed in Lieu of Foreclosure are the best options if you want to give your home up, but don’t want foreclosure. These options let you ...
READ MORE
While choosing tenants, avoid Fair Housing Complaints and Lawsuits
There are Federal and State laws that promote antidiscrimination where you as a landlord have certain limitations with the things you should say & do when selecting a tenant. If ...
READ MORE
Landlord tenant law
Landlord tenant law of a dwelling house or a residential building is governed by tenancy law which applies real estate property law and contracts in leasehold estates. If you are ...
READ MORE
Do you need a real estate lawyer while buying home or other real estate?
Despite your financial worry that a lawyer's fee would cost too much for a simple decision such as buying a house, it would really be very ideal and would be ...
READ MORE
Child Abuse
Kid misuse is the actual, sex-related or emotional maltreatment or ignore of kids or kids. In the United States, the Centers for Disease Control and Prevention (CDC) and the Department ...
READ MORE
How do I know if I need a lawyer for a landlord tenant dispute?
Often times, landlord tenant disputes in which renters and residence owners will claim over issues such as maintenance of residence, increasing of the lease, disturbance, trespassing, rental and comfort issues. ...
READ MORE
DWI: Driving while intoxicated
Basics of Business Partnership
How a real estate attorney can help you
Bankruptcy filling without an attorney
Legal help in Short Sale or Deed in
While choosing tenants, avoid Fair Housing Complaints and
Landlord tenant law
Do you need a real estate lawyer while
Child Abuse
How do I know if I need a