However, if you order a bottle of wine from a restaurant, you can expect a fee if you take the rest of the wine home carrying the corked but open bottle into your cabin. At Matthew Lopez Law, we help our clients when faced with a DUI, open container ticket, or other alcohol-related fees. It is always beneficial to consider all options before pleading guilty as you can be reduced or fired with the help of an experienced lawyer. Even if a lawyer is not able to completely dismiss an indictment, we have put in place methods to prevent clients from being convicted criminally. In any case, a lawyer who is used to dealing with open container cases can help you achieve an outcome that would not lead to the severe penalties that the Open Container Act allows. The best advice if you have an open alcohol container is to put the cap or cap back on and secure it. Then, place it in your trunk, in the locked glove compartment or in the space behind the last seat of your vehicle. A police officer should also not charge for carpooling if their passengers have open containers in their vehicle during transportation. To avoid potential problems, make sure your passengers are always in the back. If you are still charged, you should contact a Phoenix criminal defense attorney as soon as possible.
For example, if you pick up cans to bring to the recycling center, you could be technically charged if they are carried in the cabin and contain small amounts of liquid. However, you cannot be charged if you have transported open containers outside the passenger compartment of your vehicle, for example: the back of a truck or the trunk of a car. Transportation system companies are defined in ARS 28-9551 as companies authorized in Arizona to connect drivers and passengers for trips on a digital network. This definition includes all state-licensed ride-sharing companies, including Lyft or Uber. Police shouldn`t charge you with violating the state`s open container law if you have an open container of alcohol with you when you get a rideshare. Drivers who have passengers with open liquor containers can also be charged with violating the Open Containers Act. However, if a passenger sitting behind you has an open container of alcohol that you did not know, you may be able to defend yourself against this type of charge due to your lack of knowledge. If you are convicted of violating Arizona`s open container law, you could face a $750 fine and up to four months in jail. This is a hefty penalty, especially if you didn`t drink at the time or if the container belonged to someone else.
In addition, you will have this conviction in your file, which could affect you in the future. According to Arizona law, an open container is any alcoholic beverage whose seal has been broken and which is in the passenger compartment of a vehicle on a highway. This does not apply to open containers left in the trunk or back of a truck. The container must be accessible to the driver or passenger of the vehicle. It is important to note that if your passenger has an open container of alcohol in their possession, but you are driving, you can still be the one to be loaded with an open container if they do not take responsibility. In addition to banning alcohol-impaired driving or drunk drugs, Arizona also has an open container law. Motorists are not allowed to have open liquor containers in their cars. While Arizona`s open container law has broad applicability, there are a few exceptions. For example, you can legally have an open container of alcohol in the living area of an RV or RV. If you are a passenger, you can also take an open container in a taxi, limousine or transport network. Police may also charge you with violating the state`s ban on open liquor containers, even if you`re an adult over 21. If you are faced with this type of accusation, a lawyer from Shah Law Firm is ready to help you defend it.
For example, if for some reason you are stopped and you have a bottle of wine that you corked during dinner at a restaurant and that is in the passenger compartment, you may be loaded with an open container. The passenger compartment of a vehicle is defined as any area of a motor vehicle intended for the driver`s and other passengers` seats, an unlocked glove box and all unlocked portable devices within the immediate reach of the driver or all passengers. It is important to note that this law does not apply to containers opened in a locked glove compartment, a truck, in the back of a truck or, if the car does not have a trunk, the area behind the last seat of the car. In Arizona, getting caught with an open container in the car is a big deal. Having an open container of alcohol in your vehicle, even if you don`t drink it while driving, is illegal and can lead to you being convicted of a misdemeanor. Arizona Revised Statutes ยง 4-251, states that if you are convicted of violating the Open Container Act, you will have Class 2 offenses on your record. The officer can then take advantage of the presence of the open container to conduct an investigation into the impaired driving and search your vehicle. While transporting an open container in a vehicle is enough to be pursued, it can cause additional problems. If an officer stops you, they can use your open container as a reason to ask you to take a field sobriety test. Alternatively, the officer may ask for a breath sample to measure your blood alcohol level.
If you are a passenger in a vehicle other than a taxi, limousine or rideshare, you may be charged with an open container offence if you have an open container of alcohol with you. There is no exception under this Act for passengers in regular vehicles. The Open Containers Act provides exceptions for transporting open liquor containers in the trunk, in a locked glove compartment or behind the last seat of a vehicle without a trunk. Depending on the officer`s observations and the results of your chemical analysis, the prosecutor may charge you with both an open container offence and impaired driving. The Open Containers Act is intentionally broad and applies to beer, wine, malt liquor, spirits, mixed beverages and related beverages. While it is not illegal to transport an unopened container, it is not permitted to transport one with a broken seal. In addition, even corking wine bottles in your vehicle is likely to violate the state`s Open Container Act. If a police officer stops you and sees an open container of alcohol within your reach, they will likely suspect that you are under the influence of alcohol. They could then be asked to conduct standardized field sobriety tests and placed under arrest. After you arrive at the police station, the officer may ask you to take a breath or blood test. In Arizona, it`s illegal to have an open container of alcohol in your vehicle, even if you don`t drink it while driving. If you are stopped for any reason and there is an open container in your vehicle, you may face hefty fines and Class 2 infractions for that violation.
It is important to know the law and know your options if you are accused of violating the open container.
