Open Container Laws in Florida
Miami Traffic Ticket Lawyer
There is generally some confusion about the open container law in Florida. The law is found in section 316.1936; it states that it is unlawful to possess an open container of an alcoholic beverage while operating a motor vehicle. Now there are questions that arise from this such as: "what about the passengers?" If there is an open container of alcohol in the vehicle and is not in possession of a passenger, then the driver is assumed to have possession. If the container is in the possession of a passenger, it is still unlawful and you can be fined and have points assessed against your driver's license. While the statute does not explicitly state that the driver will be ticketed if a passenger has an open container of alcohol, this may be up to the law enforcement officer's discretion. He may not be able to cite you for your passengers, but there are other violations he can generally cite you for.
What exactly does 'open' mean? An open container of alcohol is classified as any container in which the seal is broken, there is no lid, or is immediately capable of being consumed from. Basically this means that if you go to the store and purchase alcohol and do not open it, then it is okay to carry with you in the cab of the car, rather than lock it in the trunk. The only time that alcohol would need to be locked in a trunk would be for example: driving to another location, and bringing alcohol that had already been opened, the seal is broken so the container must be stored in the trunk while driving.
Traffic Violation Attorney Serving Miami
There are a lot of confusing situations that don't seem to fall under the Florida open container law, because of this, receiving a traffic ticket for this kind of violation is common. If you have been cited for having an open container of alcohol, then you may want to fight the ticket because of the penalties for being convicted. At Parks & Braxton, PA we offer a free case evaluation, you may benefit from the help of a skilled and experienced
Miami traffic ticket lawyer from our firm. When you choose to work with us, you choose to work with a law firm with a large volume of success measured by thousands of case wins in our past. We never stop short of a fight, and we will always bring our strongest defense to your case. With a track record of success that speaks for itself, you can trust your case to our traffic ticket attorneys.
If you have been cited for an open container, then contact a Miami traffic ticket attorney
from Parks & Braxton , PA for a free case evaluation today. Phones answered 24 / 7.