PC §720 - OPEN CONTAINER
INFRACTION
(a) Definition
Possession of an open container is the act of having any alcoholic beverage container that is open, has been previously opened, or has a broken seal, in a motor vehicle that is in operation or parked on a public roadway.
(b) Elements of the Offense
The following elements must be met to constitute possession of an open container:
The defendant possessed an alcoholic beverage container.
The alcoholic beverage container was open, had been previously opened, or had a broken seal.
The possession occurred in a motor vehicle that was in operation or parked on a public roadway.
Prohibited Locations
(a) Prohibited locations for open containers may include, but are not limited to, the following areas within a motor vehicle:
Any passenger compartment accessible to the driver, including the glove compartment and center console.
Any area of the vehicle not designated for the storage of cargo or items in a closed container.
(c) Defenses
(a) It shall be a defense to a charge of possession of an open container if the defendant can prove that the container was not in their possession or control, or if they can demonstrate that the container was sealed and had not been opened.
(b) Lack of evidence of possession of an open container, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as consuming alcohol while operating a motor vehicle, having multiple open containers in the vehicle, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE BUT CAN REFERENCE PC 707 IF DEFENDANT IS LETTING OFF UNDER THE INFLUENCE ATTRIBUTES.
FINE SET
$100.00
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