If you have been suspected of having an open container in motor vehicle you should get legal help. RepresentYou.com may be able to help connect you to a lawyer. RepresentYou.com has experienced lawyers who have dealt with many cases involving possession of open containers while in a motor vehicle. Our criminal lawyers are experienced with many areas of traffic and criminal law and RepresentYou.com can possibly give you access to some of the best criminal lawyers in California. California State Law prohibits the presence of an opened container of alcohol in any motor vehicle. Both driver and passengers –regardless of age- are prohibited from possessing any opened bottle, can, or cup containing any alcoholic beverage.
While it is common for taxi and limo drivers to allow customers to bring opened beers and bottles into their cabs, it may still be a violation of the Vehicle Code. The same is true of both public and private buses. The bus driver may allow alcohol on board but this does not make it legal.
Common Punishment for Possession of Open Container in a Motor Vehicle
In recent years, lawmakers have been actively trying to limit the incidents of impaired driving. These efforts have resulted in the strengthening of punishments for possessing an open container in a motor vehicle. For offenders under the age of 21 years, penalties may result in the suspension of your driver’s license and up to a $500 fine. For those over the age of 21 years, points may be assessed to your driver’s license and you could receive up to a $1,000 fine.
What to do if Arrested or Ticketed?
If you have been charged with possessing an open container of alcohol in a motor vehicle we advise you not delay the process of finding a capable lawyer. As with most legal matters, time is of the essence. At RepresentYou.com we are here to help. Even if you are not sure you need a lawyer, RepresentYou.com is a good place to start. RepresentYou.com has a panel of criminal lawyers with experience fighting open container charges. When you call RepresentYou.com or submit your case online, you will be asked preliminary questions pertaining to your vehicle code violation. If it is best that an attorney handle your case, RepresentYou.com will arrange a free initial consultation with your lawyer to discuss possible action. After this initial consultation, it is at you and your lawyer’s discretion whether or not to further pursue your open container matter together.
You can input your case online or give information about your legal matter to a RepresentYou.com representative over the phone 24 hours a day, 7 days a week.
Vehicle Code: Possession of Open Container in Motor Vehicle
VC 23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
Amended Sec. 3, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 3, Ch. 723, Stats. 1999. Effective January 1, 2000.