We’ve all been there. You pick someone up to give them a ride to an event, and they jump into the car with a “traveler” (open container). You may wonder what kind of exposure you have in this situation. If it is clear to everyone involved that the alcoholic drink is in the possession of the passenger, they are the one who would be ticketed. However, if an officer has occasion to observe your vehicle and someone has an open container, chances are you are facing a bigger issue than the open container. It is a read flag, and only brings attention to your situation. It is never a good idea to have an open container in your car. But mistakes happen, and you may wonder what could happen to you.

The Florida Open Container Statute 316.1936 states that “an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle.”

The statute also defines an open container as any alcoholic beverage that is immediately capable of being consumed, or the seal of the container has been broken.

For the passenger, “An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.”
According to Article IV of Florida Statute 316.1936, if any passengers of a motor vehicle are in possession of or consume an open alcoholic beverage, the open container law is violated. This type of offense is considered a non-criminal moving traffic violation, which can mean the driver can be fined up to $500 and possible jail time, depending on what county you are pulled over in. Pasco County enforcement has gone through changes in recent years, so it’s best to be safe rather than sorry here. It may also lead to points assessed against your driver’s license. This does not apply for those passengers in a motor home that is parked or stopped.

If your designated driver is pulled over and you have an open container in the car, the officer can issue tickets to both you and the driver. If you have been charged with an open container offense, depending on the severity of the situation, you may be charged with a misdemeanor and incur a fine, which will vary between different ordinances. When you are faced with criminal charges, it is important that you get in touch with a criminal defense attorney who is knowledgeable about Florida’s open container laws and penalties and experienced in handling them.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.