new jersey open container lawyer

NEW JERSEY OPEN CONTAINER IN MOTOR VEHICLE LAWYER

Open container laws are serious in New Jersey.  Anyone convicted of an open container in a motor vehicle faces severe penalties that may include fines and community service.  Therefore, it is important for anyone charged with and open container in a motor vehicle charge in New Jersey to consult with an experienced New Jersey Open Container in a Motor Vehicle Lawyer.

Free Consultations Available – (908) 358-2938

NEW JERSEY OPEN CONTAINER IN A MOTOR VEHICLE LAW

In New Jersey, an open container in a motor vehicle charge is governed by N.J.S.A. 39:4-51, which provides:

Section: 39:4-51a: No consumption of alcoholic beverages in motor vehicles; presumption; penalties.

1. a. A person shall not consume an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

b. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term “unsealed” shall mean a container with its original seal broken or a container such as a glass or cup.

c. For the first offense, a person convicted of violating this section shall be fined $200.00 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250.00 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

Section: 39:4-51b: Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term “open or unsealed” shall mean a container with its original seal broken or a container such as a glass or cup

c. For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

New Jersey Open Container in Motor Vehicle Lawyer – (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with an open container in a motor vehicle charge in New Jersey.  It is important to protect your rights, especially if you have been charged with a criminal or serious traffic offense.  If you or a loved one has been charged with an open container in a motor vehicle charge and would like to discuss the matter, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938.  The initial consultation is free.

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The Sloan Law Firm
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by Veronica on The Sloan Law Firm

I received a moving violation, and was very nervous to go to court and face the penalties. Dan assured me not worry- his confidence and well-rounded knowledge of the law are why I walked out of the court very happy. I highly recommend Dan Sloan and will only call him for any other issue I should face.