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Unfortunately, if a driver has an open container of alcohol in the vehicle, he can be cited, even if the passenger that is actually possessing the container is not. This is because the driver has the ability to refuse to move the car while the container is open or to make the passenger either exit the car or remove the container.
There unfortunately aren't any loopholes in the law. They dont' have to show that you wanted or intended to transport an open container. if you were driving
and there was an open container, that's all they need to prove. However, police need a legitimate reason to pull you over, so if they didn't have a reason for stopping the car (like seeing a traffic violation), you could try to dispute the stop. if they found the container by searching and it wasn't in plain view, then you might also be able to challenge the search, if you did not consent. If the passenger was not sitting next to you, it could also be possible to argue that you did not know that the passenger had an open container. Those are some ways to attack this sort of ticket. You do have the abiity to try to get a diversion program, if you're willing to plead guilty.
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