25 octobre 2022

Is It Legal to Have an Open Container in Missouri

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291-3.1 et seq. (a) No person may consume intoxicating alcohol while driving a motor vehicle or moped on a highway, highway or highway. (b) No person shall, while driving a motor vehicle or moped on a highway, highway or highway, possess a bottle, can or other container containing intoxicating liquor that has been opened or sealed or the contents of which have been partially removed. (c) Any person who contravenes this section shall be liable to a fine of not more than $2,000 or to imprisonment for a term not exceeding 30 days, or to both. 291-3.2 (a) No person shall consume intoxicating alcohol while he is a passenger in a motor vehicle or moped on a highway, highway or highway. (b) No passenger, as a passenger of a motor vehicle or moped on a highway, highway or highway, shall possess a bottle, can or other container containing intoxicating liquor that has been opened or sealed or the contents of which have been partially removed. (c) Any person who violates this article is guilty of a minor offence. 291-3.3 (a) No person shall store in a motor vehicle or moped, where the vehicle or moped is on a highway, highway or highway or at a viewpoint, bottles, cans or other means of containment containing intoxicating spirits that have been opened or whose seal has been broken or the contents of which have been partially or completely removed. unless this container is located in the luggage compartment of the vehicle or in another area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a luggage compartment. A cargo compartment or glove compartment is considered to be located in the area occupied by the driver and passengers. (b) No person shall consume alcohol that is intoxicating from any point of view. (c) Clause (a) does not apply to recreational vehicles or other vehicles that do not have a separate luggage compartment. (d) Any person who violates this article is guilty of a violation.

§291-3.4 Sections 291-3.2 and 291-3.3 do not apply to a rental vehicle for which a certificate of opportunity or public necessity has been issued, 1-7 classification of passengers by the Public Utilities Commission, as long as the motor vehicle has a barrier between the driver and passengers sufficient to prevent intoxicating alcohol from passing between them, And only passengers behind the barrier intoxicating alcohol consume. N.C. Gen. Stat. § 18B-401 (a) Open Containers.–It is prohibited to transport wine or enriched spirits in the passenger compartment of a motor vehicle in a container other than the manufacturer`s original, unopened container. No person driving a motor vehicle on a highway or public vehicle site shall consume malt beverages or unfortified wine in the passenger compartment of that vehicle. Violation of this paragraph constitutes a Class 3 administrative offence. (b) Taxis: It is illegal for a person who drives a rented passenger vehicle within the meaning of G.S. 20-4.01(27) f. to transport fortified wine or spirits, unless the vehicle is carrying a paying passenger who owns the alcoholic beverage carried. Each passenger may not carry more than 8 litres of fortified wine or spirits, or a combination of both.

A violation of this paragraph does not constitute grounds for suspension of a driver`s licence for the illegal transportation of intoxicating liquor under section 20-16 (a) (8) of the G.S. (c) Definitions: For the purposes of interpreting this section, the definitions in Chapter 20 of the General Statutes apply. If the seal has been broken on a container of alcoholic beverages, it will be opened for the purposes of this section. For the purposes of this Division, « passenger compartment of a motor vehicle » means the area in which the driver and passengers are seated and all areas within the reach of a seated driver or passenger, including the glove compartment. In the case of station wagons, hatchbacks or similar vehicles, the area behind the last right rear seat is not considered to be part of the passenger compartment. N.C. Gen. Stat.

§20-138.7 (a) Offences.–No person shall operate a motor vehicle on a highway or on the right-of-way of a highway: (1) As long as an alcoholic beverage is in the passenger compartment in a container other than the manufacturer`s original unopened container; and (2) while the driver is consuming alcohol or the alcohol remains in the driver`s body. (a1) No person shall possess an alcoholic beverage other than in the original unopened container of the manufacturer or shall consume an alcoholic beverage in the passenger compartment of a motor vehicle when the motor vehicle is on a highway or on the right-of-way of a highway. For the purposes of this paragraph, only a person who possesses or consumes an alcoholic beverage in contravention of this paragraph shall be charged. (a2) Exception: It is not a violation of paragraph (a1) of this section if a passenger is in possession of an alcoholic beverage other than in the manufacturer`s original unopened container or if a passenger consumes an alcoholic beverage if the container: (1) is in the passenger compartment of a motor vehicle designed, maintained or used primarily for the transportation of persons for remuneration; (2) In the living quarters of a mobile home or a domestic car within the meaning of G.S. 20-4.01(27)k.; or (3) in a trailer as defined in subsection 20-4.01(14) of the G.S. (a3) Meaning of terms: For the purposes of this section, the term « motor vehicle » means any vehicle propelled or towed by mechanical power and manufactured primarily for use on public highways, including mopeds. (b) Subject to the Implied Consent Act.–An offence under this section is an alcohol-related offence subject to the implied consent provisions of G.S. 20-16.2. (c) Improper odour.–The odour of an alcoholic beverage in the driver`s breath is not sufficient evidence to prove beyond a doubt that the alcohol has remained in the driver`s body and violates this section, unless the driver has been offered an alcohol test or chemical analysis and has refused to provide all breath or blood samples required for analysis. (d) Alcohol test: Notwithstanding any other legal requirement, an alcohol test may be administered to a driver suspected of having contravened paragraph (a) of this article, and the results of an alcohol test or the driver`s refusal to submit may be used by a law enforcement officer, a court or administrative authority to determine whether alcohol was present in the driver`s body.

Alcohol testing is only valid under this section if the product is approved by the Public Health Commission and the screening test is conducted in accordance with the applicable Commission regulations regarding how it is used. (e) the penalty; An offence under paragraph (a) of this section is a Class 3 offence for the first offence and a Class 2 offence for a second or subsequent offence. An offence under paragraph (a) of this section is not a less serious impaired driving offence under section 20-138.1 of the G.S., but if a person is convicted under paragraph (a) of this section and for an impaired driving offence resulting from the same transaction, The sentence imposed by the court must not exceed the maximum penalty applicable to the impaired driving offence. and any applicable minimum penalty is imposed. An offence under paragraph (a1) of this section by the driver of the motor vehicle is a less serious offence under paragraph (a) of this section. A violation of paragraph (a) is considered a personal property infringement within the meaning of paragraph 20-16(c) of the G.S. A violation of paragraph (a1) of this article is a violation and is not considered a personal property violation within the meaning of paragraph 20-16(c) of the G.S. (f) Definitions: If the seal of a container containing alcoholic beverages is broken, it must be opened for the purposes of this section. For the purposes of this Division, « passenger compartment of a motor vehicle » means the area in which the driver and passengers are seated and all areas within the reach of a seated driver or passenger, including the glove compartment. The area of the luggage compartment or the area behind the last right rear seat of a station wagon, tailgate or similar vehicle shall not be considered to be part of the passenger compartment.

The term « alcoholic beverage » is defined in subsection 18B-101(4) of the G.S. (g) Plea: In any prosecution for violation of paragraph (a) of this article, the plea is sufficient if it indicates the time and place of the offence charged in the usual form and alleges that the defendant drove a motor vehicle on a highway or on the right-of-way of a highway with an open container of alcoholic beverages after drinking.

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