By Pierce Blitch and Will Dasher
Imagine this: you’re driving home with your significant other after a college football watch party on a Saturday this Fall. As you chat about the delicious food and the outcome of the big game, you glance in your rearview mirror and notice blue lights flashing. The officer pulls you over for speeding, but as he approaches, he spots an opened bottle of bourbon sitting in your back seat. You think nothing of it until he says, “sir, it looks like you have an open container in the back seat.” Open container? Suddenly, you’re facing not just a speeding ticket, but an additional citation for violating Georgia Open Container Law.
What Does Georgia’s Open Container Law Say?
In Georgia, it’s against the law to have an open alcoholic beverage in the passenger area of a motor vehicle. This is outlined in O.C.G.A. § 40-6-253. The law defines the passenger area as the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position. This does not include the locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.
Most people think of “open container” violations as involving someone sipping on a beer or a mixed drink while driving. However, the law extends much further.
Georgia defines an “open alcoholic beverage” as any bottle, can, or other container holding even a small amount of alcohol that:
- Is open or has a broken seal, or
- Has had some of its contents removed, or
- A recently finished alcoholic beverage container.
Violation of Georgia’s Open Container Law is subject to a fine not exceeding $200.
A Simple Oversight Could Lead to Big Consequences
If you’re fortunate enough to receive a fine bottle of bourbon or wine from your gracious host, make sure to store it in your trunk before heading home. Even if the cap or cork is firmly in place, an already-opened bottle of alcohol in the passenger area could still qualify as an open container under Georgia law. This simple step helps avoid any confusion with law enforcement and prevents an additional ticket on top of a speeding violation. It could even prevent a DUI arrest or conviction.
What Should You Do If You’re Charged with an Open Container Violation?
An open container violation might seem minor, but it can lead to fines, points on your driving record, and other consequences. If you’ve been cited for this offense, don’t face it alone. Contact an experienced attorney who can help navigate the nuances of your case.
CALL THE BLITCH LAW FIRM TODAY TO DISCUSS YOUR CASE We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Both attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
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