Does this violate the open container laws?

Question

I recently helped a friend move out of his old apartment. After loading up all his furniture into the moving van, he had me drive his car to his new home. I drove there without any problem, and he then asked me to get a set of keys from his glove compartment. I then opened his glove compartment and an opened half-empty bottle of whiskey fell out. I was furious with him and read him the riot act, because had I been stopped by a cop I would naturally have looked in there for the insurance card, and that whiskey bottle popping out in full view of the officer would have placed me in an interesting predicament indeed. My question is, where exactly does an open container of alcohol have to be in a vehicle to be considered a violation? I know you can't have it in the front seat area, but what about the glove compartment? And I know its OK if it's in the trunk, but what if the car is a hatchback where there is no partition between the passenger and cargo area? I'm in New York state, if that makes any difference. Thanks in advance, folks....

Answer 1

my answer is;

It really and truly depends on Who much Respect you give the officer. Mouthy? Here's your ticket.

Respectful and Honorable. "As you can see officer. I'm helping my idiot Friend move and he put the Booze in the glove box so it wouldn't get lost."

Attitude is Everything!

that is my answer.

Answer 2

that constitutes an open container,and yes,you would have been busted.

Answer 3

To be considered an "open container" there are two general criteria that it has to meet-

#1- It must be readily accessible from with in the passenger compartment. So for a SUV or hatchback that would include the rear cargo area, unless you had something like what I have in my Explorer-> a  full size dog barrier behind the rear seat.

#2- The factory seal must be broken. If there's no seal (i.e. flask) then it's the same as if the seal was broken.

Now even if you had it in the passenger compartment with the seal broken while moving the officer still may let it go depending on where you had it. Having it in the glove compartment or sitting on top in a cooler is a lot different than having it in a box with other kitchen stuff on the bottom of the pile.

EDIT: Amy, he's in New York State. We don't have that exception.

- David

Answer 4

In some States, the open container law only applies if the driver has been drinking.  

Answer 5

yes you would have gotten busted. i had an open bottle in the glove compartment and got busted. i believe the law is the bottle needs to be where no one in the car can reach it or retrieve it in any way.