"Open Container" in a Motor
Vehicle
For the most part, possessing or consuming an open alcoholic beverage in
your motor vehicle is not as serious offense as many people think.
However, you should never drink and drive. I f you receive a ticket
for one of the offenses below, you should consider your self lucky that
you did not receive a more serious offense. For
additional information, contact the law offices of Kalas and Jannarone.
The Open Container Statutes
39:4-51a. - Consumption of Alcohol While
Operating a Vehicle
a. A person shall not consume an alcoholic beverage
while operating a motor vehicle. A passenger in a motor vehicle shall not consume an
alcoholic beverage while the motor vehicle is being operated. This subsection shall not
apply to a passenger of a charter or special bus operated as defined under R.S. 48:4-1
or a limousine service.
b. A person shall be presumed to have consumed an
alcoholic beverage in violation of this section if an unsealed container of an alcoholic
beverage is located in the passenger compartment of the motor vehicle, the contents of the
alcoholic beverage have been partially consumed and the physical appearance or conduct of
the operator of the motor vehicle or a passenger may be associated with the
consumption of an alcoholic beverage. For the purposes of this section, the term
"unsealed" shall mean a container with its original seal broken or a container such as a
glass or cup.
c. For the first offense, a person convicted of
violating this section shall be fined $200.00 and shall be informed by the court of the
penalties for a second or subsequent violation of this section. For a second or subsequent
offense, a person convicted of violating this section shall be fined $250.00 or shall be
ordered by the court to perform community service for a period of 10 days in such
(Chgd. by L.1999, c.356(20), eff.4/13/2000.)
39:4-51b. - Prohibition of Possession
of Open, Unsealed Alcoholic Beverage Container; Circumstances
a. All occupants of a motor
vehicle located on a public highway, or right-of-way of a public highway,
shall be prohibited from possessing any open or unsealed alcoholic beverage
container. This subsection shall not
apply to a passenger of a charter or special bus operated as defined under
R.S. 48:4-1 or a limousine service.
b. A person shall not be deemed to be in possession of an opened
or unsealed alcoholic beverage container pursuant to this section if such
container is located in the trunk of a motor vehicle, behind the last
upright seat in a trunkless vehicle, or in the living quarters of a motor
home or house trailer. For the purposes of this section, the term "open
or unsealed" shall mean a container with its original seal broken or a container such as a
glass or cup.
c. For the first offense, a person convicted of
violating this section shall be fined $200.00 and shall be informed by the court of the
penalties for a second or subsequent violation of this section. For a second or subsequent
offense, a person convicted of violating this section shall be fined $250.00 or shall be
ordered by the court to perform community service for a period of 10 days in such form and
on such terms as the court shall deem appropriate under the circumstances.
(Added by L.2000, c.83(6), eff. 8/14/2000.)
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