What are open container laws? And what
purpose do they serve? To understand open container laws in America, we first
need to answer these questions. As per expert Decatur, GA DUI lawyers, open
container laws, like most DUI related legislation varies from one state to the
other, but in general the implications are comparatively the same.
Open container laws basically make it
illegal to have an open alcoholic container within a vehicle. The objective of
these laws is to further put a check on driving under the influence. After all,
you cannot be drinking in the car while driving if there are simply no open
containers inside of the car. How can you drink if the container is not open?
Like any laws in America, there are
holes in them. There is also probable cause and there are a variety of ways a
police officer can make a mistake. Just because you have been charged with
something does not mean the world is going to stop spinning on its axis. You
need legal help and this site has been
concocted for this very reason.
These open container laws were
introduced and several states like Georgia had to adopt them in some acceptable
form thanks to the Federal Transportation Equity Act for the 21st
Century. This Act was enacted back in 1998. Despite the federal pressure to
adopt these laws, some states did not oblige, as a result these states miss out
on specific federal highway funds according to Georgia DUI attorneys.
That is fine. Not every state wants a
government handout.
Open
Container Laws differs depending on the State
As we said, the laws vary from state to
state, some states do not allow for open containers in the car. Period. Some states
however allow for all occupants of the car (with the exception of the driver)
to not only have containers open but to also drink from them.
When a state like Georgia explicitly has
open container laws, all towns and counties under the jurisdiction of the state
will have to oblige, but when the state does not have any open container laws
in place, then the towns and counties belonging to that state may proceed to
adopt their own versions of open container laws.
Open
Container Laws in Public
Decatur, GA DUI lawyers state that open
container laws do not apply to vehicles that are on private property. So for
instance, if your car is parked in your driveway and you are sitting inside of
it drinking beer and listening to music on the radio then that is perfectly
legal. You have not broken or violated any open container laws even though your
car may be blocking a public sidewalk.
Open container laws only come into play
for vehicles that are on public roads or on public property.
Lack
of Freedom
Similarly, open container laws also make
it illegal for persons to have open alcoholic containers out in public even if
they are not inside a motor vehicle. You cannot walk around on public streets
or in public places holding an open container of alcohol.
There are some exceptions to this law.
The City of New Orleans and also the Las Vegas Strip are two places where
people over the age of 21 can walk around with drinks in hand, but
understandably, there are certain restrictions when it comes to glass bottles.
Technically, a container is deemed to
have been opened when the original seal has been broken. It is also said to be
an open container if the contents of the container have been transferred into a
glass, cup or another container, stemming from Georgia DUI lawyers.
Were you a threat to the public? Were
you bothering anyone? Were you breaking any other laws? Why is this police
officer bothering you? There are different vantage points to a single incident.
If you have been written up for some type of DUI infraction in Georgia, you
need to click on this site: http://dui-lawyers.usattorneys.com/georgia/.
You have legal recourse.
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