California Open Container Attorney
Have you been charged with an Open Container? Let us help you today!
In California, it is against the law to have an open container of alcohol or cannabis in your vehicle. An open container charge can come with fines and a spot on your record. Do not face these charges alone, let Weber law help you today!
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California Open Container Charges and Penalties
What constitutes an Open Container?
A person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on public lands.
What constitutes an “open alcoholic beverage container”? It means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and has been opened and has contents missing.
You can also be charged with an open container if you while driving a motor vehicle upon a highway or on public lands you are in possession of a receptacle containing cannabis (marijuana) or cannabis products which has been opened or has a seal broke, or loose cannabis flower not in a container. This does not apply if the person has a current identification card saying they are allowed to have cannabis, or a physician’s recommendation, and the cannabis is contained in a container or receptacle that is either sealed, resealed, or closed. This section does not apply at all if the cannabis receptacle is in the trunk of the vehicle.
How is an Open Container different from a DUI Charge?
In California, under § 23152, it is unlawful for a person to drive a vehicle who is under the influence of any alcoholic beverage. If the person has .08 percent or more, according to their weight, of alcohol in his or her blood to drive a vehicle, then they can be charged with driving under the influence. Additionally, if you are driving a commercial motor vehicle it is unlawful for you to have a .04 percent or more, by your weight, of alcohol in your blood.
Open container is different from driving under the influence as the driver is not under the influence at the time of the stop, just has possession of the alcohol or cannabis in the car.
What is the Punishment?
An open container in a motor vehicle charge is an infraction that is punishable by a fine of not more than $100.00.
While the penalty might seem small, any criminal charge can be detrimental to your life, your record, and your job. It is possible to get charges reduced, but it requires legal counsel.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try to fight these charges on your own—Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on an open container charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
How Can WEBER LAW Help You?
If you have been cited with an open container in a motor vehicle in the State of California, whether cannabis or alcohol, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount, making sure the charge doesn’t go on your record, or defending you at trial, Weber Law will work for you every step of the way. By using defenses that have been successful in the past, for example, not knowing what you were in possession of, or the container being found during an illegal search, Weber Law will create a strong defense for you. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back to everyday life. It is always a good idea to seek legal advice when you have had a run in with the law, no matter how little the charge may seem, there may be information you do not know about. If you or anyone you know has been cited with an open container in a motor vehicle in the State of California, call Weber Law today for a consultation.
CA Vehicle Code § 23222, Possession of open container containing alcoholic beverage or cannabis while driving a motor vehicle; penalty; exceptions
CA Vehicle § 123152, Driving Under the Influence
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
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