Open Container Violations in Pinellas County
In Florida, an “open container” violation occurs when an individual has an open alcoholic beverage in certain areas of a vehicle. While many people assume this is a minor issue, an open container citation can quickly complicate a regular traffic or DUI stop and, in some cases, it can actually lead to more serious allegations against them.
If you are facing any allegations involving alcohol and a vehicle, speaking with a Criminal Defense Attorney in Clearwater can help you clearly understand your rights and potential defenses.
Local Ordinance Violations vs. Traffic Violations
There are two types of “Open Container” offenses in Florida. One type of Open Container violation is a local ordinance violation. The second type of Open Container is a traffic violation. The primary difference between the two types of violations depends on the location of the offense. If the alleged Open Container occurs in a car, it is a traffic violation. If it occurs on any other public property outside of a vehicle, an individual may be charged with a Local Ordinance Violation.
Open Container on Public Property Can Lead to Arrest
An Open Container Local Ordinance Violation can lead to an arrest. It is generally considered a quasi-criminal offense, which can lead to a permanent arrest record. For this reason, it is vital to utilize the services of the top Clearwater Criminal Defense attorneys to assist with the defense of these cases. Resolving the case properly can provide an individual with an opportunity to seal or expunge the record of arrest. The City of Clearwater is notorious for making arrests for Open Container violations.
Common Situations Leading to Open Container Charges
Open container violations tend to occur during routine traffic stops for speeding, expired registration, or other minor infractions. If an officer approaches the vehicle and sees a bottle, can, or cup that appears to contain alcohol in the passenger area, or even smells alcohol and decides to search the vehicle, it can result in an open container citation.
These cases are particularly common during late-night stops, holiday weekends, and after large events where alcohol is served.
Florida Open Container Law Explained
In Florida, it is unlawful for a person to possess an open container of an alcoholic beverage or consume alcohol while operating a vehicle. An “open container” generally means any bottle, can, or other receptacle containing an open alcoholic beverage, has a broken seal, or has had some of its contents removed, regardless of when. Even if the container is not actively being consumed, it can still potentially qualify as open.
The law specifically prohibits open containers in the “passenger area,” which includes the area designed to seat the driver and passengers, as well as any area readily accessible while seated. That being said, it does not include any containers in a locked glove compartment, the trunk, or an area behind the last upright seat in a vehicle without a trunk.
Who Can Be Charged With an Open Container Violation?
Contrary to popular belief, both drivers and passengers can face open container violations in the Sunshine State.
However, there are limited exceptions. For example, passengers in commercial vehicles used primarily for transportation of persons for compensation, such as certain limousines, may be permitted to possess open containers. RVs and vehicles with living quarters may also potentially be exempt, depending on the overall vehicle layout and accessibility of the container.
Penalties for Open Container Violations in Pinellas County
An open container violation is generally classified as a noncriminal traffic infraction. While it does not typically result in jail time on its own, it can carry fines, court costs, and other financial penalties. It may affect driving records and insurance rates, and it can result in even more scrutiny if it is tied to a DUI investigation.
Open Container Charges and DUI Investigations
Many DUI cases include some form of open containers. Even the simple presence of an open container can provide officers with additional justification to investigate potential impairment of a driver, and can be cited as part of the probable cause for field sobriety testing or arrest.
Prosecutors may also use the presence of an open container as circumstantial evidence that the driver had been drinking. If your case involves both an open container allegation and a DUI investigation, consulting a criminal defense lawyer in Clearwater should be the first step you take to protect yourself.
Defenses to Open Container Violations
Several defenses may apply in open container cases. One common defense involves accessibility. If the container was not readily accessible to occupants, such as being stored in a trunk, it may not meet the legal statutory definition of being an open container. Some other defenses include a lack of proof and an unlawful traffic stop or vehicle search.
Because these cases often hinge on technical details, working with a criminal defense attorney in Clearwater can make a significant difference. If your attorney knows the law inside and out, they will be able to more effectively develop your defense strategy.
Do not face an open container charge on your own. For your free case consultation, please contact The Law Office of Timothy Sullivan today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
