7.739 — OPEN CONTAINER

Violations of "Statute 7.739" results in an Infraction and a fine of $100

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(a) Definitions

An open container refers to any bottle, can, or receptacle containing an alcoholic beverage that has been opened, has a broken seal, or has had its contents partially removed. This applies to containers located in the passenger area of a motor vehicle on a public roadway.

(b) Elements

To establish the offense of Open Container, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was in a motor vehicle on a public road.

• The defendant possessed or had an open alcoholic beverage container within the passenger area.

• The container was open, unsealed, or partially consumed.

• The defendant knew or should have known the container was open.

(c) Defenses

Defenses against an Open Container charge may include:

• The container was in a legally permitted area, such as a locked glove compartment or trunk.

• The vehicle was parked in a designated area where open containers are permitted.

• The defendant was a passenger in a for-hire vehicle, such as a limousine or party bus, where alcohol consumption is legally allowed.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining penalties:

• The open container was within reach of the driver.

• The defendant was consuming alcohol while operating the vehicle.

• The defendant has prior alcohol-related offenses.

• The offense occurred in a school zone or an area with increased public safety concerns.