If you are facing criminal charges, you should not hesitate to secure trustworthy criminal defense. Criminal charges are serious and should never be treated lightly. Accusations of criminal activity can bring about life-long penalties and other hardships for the defendant, such as fines, prison sentences, and the loss of specific privileges. However, when aggressively addressed by the right attorney, criminal charges can be lowered or even dropped. The consequences for violating an open container law vary widely, ranging from small penalties to life-altering effects. When an opened alcoholic beverage is found in a vehicle, the consequences can be especially severe. The Transportation Equity Act for the 21st Century (TEA-21) Restoration Act, which has been in effect since 1998, was designed to be a more indirect help for laws pertaining to open containers in vehicles. This regulation offers monetary rewards for those states which do, in fact, have vehicular open container laws.
Although open container laws are state-governed, there are certain federally-instituted conditions which each law must adhere to. For example, an open container law absolutely forbids an open alcoholic beverage—whether it is being drunk or not—in a vehicle. This applies to every kind of alcoholic drink, as well as to everyone who is in the vehicle. In addition, according to federal law, the area in a vehicle that must be free from the presence of an open container is anywhere in the driver or passenger area or that can be reached while the individual is sitting properly. Also, a police officer has the legal prerogative to impose an open container law. As you may have observed, these stipulations are somewhat open for misinterpretation or confusion—a fact which will help you fight your criminal charges.
Open container laws vary from state to state, but they are all designed to benefit society by prohibiting the use of alcoholic beverages in certain places. The main crimes that these laws are intended to hinder are disorderly conduct and DUI. Open container laws prohibit people from consuming alcoholic beverages in specific public locations. Some of the prohibited places are sidewalks, school properties, and parking lots. It may also be illegal to consume an alcoholic beverage in a neighborhood, in a mobile home, or in a parked car. There are several places that do not have an open container law at all. These places include Butte, Montana; the Power & Light District of Kansas City, Missouri; New Orleans, Louisiana; parts of downtown Memphis, Tennessee; Fredericksburg, Texas; part of downtown Savannah, Georgia; and part of Las Vegas, Nevada.
There are several criticisms of open container laws which are commonly cited by defendants. One of these complaints is that the laws are inconsistent from state to state, thereby creating confusion. Another common complaint is that these laws are not specific enough to be decisive and therefore are open to misinterpretation. Some cities do not have open container laws—a fact which adds to the confusion. Interestingly, the cities that are excluded from open container laws have other regulatory restrictions. For example, it is still illegal to engage in disorderly conduct or to loudly challenge the police. In addition, DUI laws are still imposed in those cities.
If you have been charged with violating an open container law, you should not hesitate to secure the criminal defense you need. Due to the ambiguity of open container laws, it can be difficult to be dogmatic about them. With the right criminal defense attorney on your side, your accusations may be lowered or eliminated altogether. You should not wait to secure the defense you need, however, because it is best to address criminal charges as soon as possible. It is imperative that you immediately find a lawyer who will take on your case with aggression, determination, and dedication. Be proactive about your future today.
