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
Why driving and cell phone usage shouldn’t be mixed?
Cell phones are technologically advancing at a significantly fast pace. Before, you can only use it to text and call. Now, you can use it to browse the internet, send ...
READ MORE
Want to convert your rental unit in to a commercial unit
There are several ways in which you can evict the tenant you don't like without raising the red flag. One of it is to convert or demolish your rented unit. ...
READ MORE
The Consequences of Getting a Ticket
It is the penalties and the fines that irk people so much every time they get pulled over for traffic ticket. The citation can greatly affect the driving privileges and ...
READ MORE
How to get your security deposit back?
Before you can move in to a rented apartment, you have to deposit a big amount of money to the landlord first. This money is called the security deposit. This ...
READ MORE
The landlord’s right in evict tenants
Every state in US has the unique Rent Control Acts and this is to be protected in the right manner surely. There should indeed be a valid reason behind everything ...
READ MORE
Social Security disability definition
Social Security Advisory Board has asked whether the Social Security disability definition should be changed in some fundamental way. The Disability Policy Panel studied this question at length and reached ...
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
Chapter 7 Bankruptcy
If you go for Chapter 7 bankruptcy, you may have a lot or all of your debts canceled. On the other hand, you might need to sell some or all ...
READ MORE
Declaring bankruptcy
Declaring bankruptcy is one of the many options a debtor can perform when he can no longer meet the terms of his financial obligations to his creditors. In the United ...
READ MORE
The Family and Medical Leave Act
Administered by the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected ...
READ MORE
Why driving and cell phone usage shouldn’t be
Want to convert your rental unit in to
The consequences of getting traffic ticket
How to get your security deposit back?
The landlord’s right in evict tenants
Social Security disability definition
Landlord tenant law
Chapter 7 Bankruptcy
Declaring Bankruptcy
The Family and Medical Leave Act