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SoloLawyer
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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What is the law concerning open alcohol containers in Miss

Customer Question

What is the law concerning open alcohol containers in Mississippi?
Submitted: 4 years ago.
Category: Legal
Expert:  SavyLawyer replied 4 years ago.
Hello, and thank you for contacting the just answer team.

Are you talking about just out on the sidewalk? On private or public property? In a vehicle?

Thanks
Customer: replied 4 years ago.
In a vehicle, parked, sitting behind drivers seat.
Expert:  SavyLawyer replied 4 years ago.
Hello, and thank you for contacting the just answer team.

As of today, Mississippi does not have an open container law. It may be that your particular town or county has one (for that you would have to let me know what city/county you were in) but Mississippi is one of the few states in the country that does not have a law prohibiting open containers of alcohol in a car (moving or not). There have been numerous attempts by both houses of the Mississippi Legislature to change this, but they have all failed so far. So, as of today, there are no statewide prohibitions of open containers of alcohol in a car.

I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.


Take care

Customer: replied 4 years ago.
It was in Wayne County.
Expert:  SavyLawyer replied 4 years ago.
There is an open container law in Wayne County, but it is not available online, so I am going to opt out and let another member that might be more familiar with Wayne County answer your question.

Take care
Expert:  SoloLawyer replied 4 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

What city were you in when the ticket was given?

Thanks,

Michael
Customer: replied 4 years ago.

I was in Wayne County outside Waynesboro. Wayne county is a dry county.

Expert:  SoloLawyer replied 4 years ago.
Do you have the statute or ordinance number you were charged under?

Thanks,

Michael
Customer: replied 4 years ago.

On the ticket Explanation is marked with "Possession of whiskey" and Other with "In a Dry County

Expert:  SoloLawyer replied 4 years ago.

Thank you.

While your previous expert was correct that MS does not have an open container law, that is not the issue here. There is a Mississippi Statute that deals with this issue concerning dry counties. In Mississippi, it is illegal to even possess alcohol of any sort in a dry county such as Wayne County. Here is the text of the statute:

§ 67-3-13. Prohibition against possession of light wine and beer in dry counties; penalty; exceptions.


(1) Except as otherwise provided herein and as authorized under this section and Section 67-9-1, in any county which has at any time since February 26, 1934, elected, or which may hereafter elect, to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than four percent (4%) by weight in such county, it is hereby declared to be unlawful to possess such beverages therein. In any county which, after July 1, 1998, elects to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than five percent (5%) by weight in such county, it is hereby declared to be unlawful to possess such beer therein. Any person found possessing any beer or wine of any quantity whatsoever in such county shall, on conviction, be imprisoned not more than ninety (90) days or fined not more than Five Hundred Dollars ($500.00), or be both so fined and imprisoned.

(2) Notwithstanding the provisions of subsection (1) of this section, in any county or municipality in which the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light wine and beer when such light wine and beer is held therein solely for the purpose of storage and for distribution to other counties and municipalities in which possession of such beverages is lawful.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, in any county in which transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer is prohibited, it shall not be unlawful:

(a) To receive, store, possess or consume light wine or beer at a resort area as defined in Section 67-1-5;

(b) To distribute and transport light wine or beer to a resort area as defined in Section 67-1-5.



As you can see, all you have to do is possess alcohol in a dry county to be found guilty. I hope this helps,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 4 years ago.
So, I am looking at a fine of $500 and possible imprisonment.
Expert:  SoloLawyer replied 4 years ago.
Yes, 90 days maximum and a $500 maximum fine. I seriously doubt you will see any jail time for this offense, however, as it is a minor one.

Take care!

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 4 years ago.
They also had me take a breathalyzer which was .02. They kept me locked up overnight and I had to post bail the next day and received a court date for the possession of whiskey and DUI even though it was .02.
Expert:  SoloLawyer replied 4 years ago.

I'm sorry to hear that. If my Answers have been helpful, please click ACCEPT so I may be compensated for my time. I'll be happy to Answer any follow up questions that pertain to the original question. JustAnswer would prefer that you ask any new questions in a separate window. You can request me by putting "SmallTownLawyer" at the beginning of your question, or by posting a follow up question here in this thread.

Thanks!

Michael
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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