Transporting an Open Container is a misdemeanor in Rogers County. In the summer of 2016, Oklahoma Highway Patrol report a woman wrecked her vehicle off Highway 75. Witnesses state she was swerving and drove through a fence. Eventually the vehicle came to a stop against the Goodwill building on Southwest Boulevard. Upon removal from her car, the driver was under the influence, not wearing any pants, and had been in possession of and transporting an open container. While a DUI offense is well-known, penalties for having an open container are not. Read on to learn more about what counts as having an open container and the punishment.
Transporting an Open Container Statutes:
Under 21 Okl.St.Ann. § 1220, it is unlawful for a driver or passenger of any moving vehicle, whether on a public highway, a street, or even in an alley to have an open, alcoholic container in reach. This would include any alcoholic beverage: beer, wine, liquor, etc. Further, even if you are sober, but a container is open and in the vehicle with you, you could face charges.
To transport alcoholic beverages, we recommend you keep the container in your trunk. If the trunk is not possible, keep it in another outside container on your vehicle. If you have a hatchback or station wagon, it is acceptable to place the container in the far back of the vehicle in the storage area where it is out of reach of anyone in the vehicle while it is moving.
Penalties For Transporting an Open Container:
If you face charges of transporting an open container, you are facing a misdemeanor charge. This generally requires a jail sentence up to six months and/or a fine of $500 or less. In Oklahoma, a second fine of $100 goes to the Trauma Care Assistance Revolving Fund.
Attorneys Helping With Transporting an Open Container:
Our Claremore attorneys understand that sometimes you do not have control over your passengers and what they put in your vehicle, or if you make a mistake. Let us help you face charges of possession of an open container in Rogers County by providing the best defense possible. Our first consultation is free, so call us.
