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Open Container Law Questions

What is the open container law?

The open container law within the United States is a person having an open container of any form of an alcohol beverage in public areas. These laws normally are for the public areas, and can any type of vehicle. The open container law is considered to be a state law instead of a federal law and the open container law can vary from state to state. The majority of the United States has made it illegal to consume an alcoholic beverage or have possession of an alcoholic container in public.

In the state of Arizona according to the open container law, what would be the punishment if someone received a 4-251?

According to the Arizona Revised Statue 4-251, if someone has violated the open container law and is found to be guilty, they will be facing a Class 2- Misdemeanor and the punishment for that would be a fine up to $750 and possibly up to four month in the county jail.

In the state of New York if someone received a ticket for an open container the code section was 10-125b, should the individual just pay the fine, or if they went to court could they get this dropped or would this stay on their criminal record?

In this case the individual would be violating the terms of the New York’s Administrative Code. This can be classified as a conviction which the maximum punishment is 5 days and/or a fine of $25, but this is not considered a crime, although it is still considered a criminal offense. What that means is that it can still show up on a personal criminal history, even though they will have the right to say that they have never been convicted of a crime when applying for employment. When this person mails in the fine, that is the same and agreeing that they guilty. If he/she proceeded to go to court, then there could be a possibility that the conviction will get thrown out, or possibly even an adjournment contemplation of dismissal.

What are the open container laws for city parks in the state of Missouri

According to the Section 240.190: Alcoholic Beverages and Non-Intoxication Beer states that “All alcoholic beverages or non-intoxicating beer are prohibited in the parks of the city, either in their original package form or for use or consumption on the park premises, and same shall not be kept in possession on the park premises. (CC 1988 18-19; Ord. No. 2457 19, 2-5-73; Ord. No. 2705 1,2,5-19-81

If someone had received a ticket for an open container and they were of legal age, and not in a vehicle nor were they intoxicated would this conviction be considered a misdemeanor in the state of Delaware?

It seems to be in this particular case/situation, if there are no other deciding factors other than what is listed above, this would be looked at as a civil infraction violation. The Delaware law states that “Public intoxication; unclassified misdemeanor; violation.”

Regarding this law, if a person is guilty of public intoxication, which is when they are in a public place, and they are under the influence of alcohol to where they could danger themselves or someone else, or another’s personal property or even annoying another person. Public intoxication is considered a violation, unless the person is a repeated offender within one year, in that case the offense would be an unclassified misdemeanor.

When in a public place, that can consist of a public library, store, or a public place outside and a person has made the decision to either appear intoxicated or having an open container present, there are some serious consequences when being charged. The open container laws can vary from state to state as to what the punishment would be. Before opening an alcoholic beverage in the public think about the consequences first. For more information on the open container law within the state that you reside in contact the Experts online.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Over 10 years of criminal defense practice.

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