Please help "OPEN CONTAINER"?

Question

My husband was in a work vehichle and the driver was the only one with the actual open container. My husband was in the backseat he never open a beer, passed a breathalizer test and still recieved an open container. Is this right?

Answer 1

Depends on the state, but I would go to court and fight the ticket. I think he has a good chance of a dismissal on the fine. I would contact an attorney and try to get some free advise, many do give a short, advisory consultation.

Answer 2

It depends what state your in.   In California you will get a ticket for open container even if you are just sitting in the car in your own driveway.    You husband can fight the ticket but you need to find out what the law is in your state.   Call your local police dept or DMV or get an attorney.

Answer 3

Yes.  Anyone in the vehicle with an open container of alcohol will receive a citation if the police stop the vehicle.

Give the ticket to the person with the open container and have him pay the fine.

Answer 4

Open container includes access to the alcohol.  You are not allowed to have access while in a motor vehicle.  You tecnically have the ablility to open it at any time.