How To Get Open Container Off Record

If you have been charged with an alcohol-related infraction, it is important to understand which laws may affect your example and what penalties you may be facing. Our criminal defence force attorneys provide some answers to common questions about alcohol infractions in Florida and explain your options for fighting back.

What Is Considered an 'Open Container' in Florida?

Florida Statutes Chapter 316.1936 defines an open up container equally "any container of alcoholic drink which is immediately capable of being consumed from, or the seal of which has been cleaved." Annihilation that can be used for carrying an alcoholic beverage – a can, a canteen, a flask, a cup, a glass, or any container that was opened or does not carry a seal – can be considered an "open container".

Interestingly enough, a partially consumed and resealed bottle of wine is not considered to be an open container as long as it has been removed from the premises of a licensed restaurant past a patron for off-site consumption, co-ordinate to Florida Statute Section 564.09.

Is an Open up Container Offense Considered a Civil Infraction or an Ordinance Violation?

An open up container crime can exist considered a moving violation if the commuter or the passenger of a motor vehicle is determined to exist in possession of an open container. This would be a civil infraction and while it may not generate a criminal record, it will probable issue in points existence added to the driver'south license of the private in possession of the open container.
Notwithstanding, depending on where the infraction takes place, you may also exist facing harsher penalties if it is determined that y'all are violating a city or county ordinance.

The state of Florida allows for each canton or municipality to impose more stringent ordinances and harsher penalties than those prescribed by affiliate 316. City ordinances can be more comprehensive and outlaw the possession of open containers not only in someone's vehicle just as well in public areas such as beaches, parks, sidewalks, parking areas, and streets.

What Are the Penalties and Associated Charges for an Open up Container Violation in Florida?

An open container moving violation tin result in fines up to $xc and points added to your commuter's license. If a passenger was the one in possession of an open container, he or she tin receive a not-moving violation and a fine of upwardly to $60. If y'all are being defendant of violating a local ordinance, punishments may be harsher depending on the metropolis or canton where the violation took place. Many municipalities in Florida require the payment of a $500 fine and may also impose up to 60 days in jail.

It is important to empathize whether you are beingness charged with a civil infraction nether state law or if yous are dealing with an ordinance violation. An open container violation can also exist associated with other charges such as possession of a faux I.D. or possession of alcohol by a person under 21. The penalties y'all may exist facing may be more than significant if you receive additional booze violation charges.

Tin an Open Container Violation Exist Dismissed?

Being charged with a civil infraction nether state police force is typically a less serious matter than facing a conviction for violating a city or canton ordinance. In the case of a moving violation, rather than simply paying the fine and having points added to your license, you tin can get the help of an chaser and ask the courtroom to dismiss your charges. If the court agrees, yous will not have any points assessed against your license.

If you are facing an ordinance violation, y'all may lose your right to take whatsoever criminal record sealed or expunged if yous are convicted. At Carlson, Meissner, Hart & Hayslett, we tin help y'all fight back against your booze-related infraction charges. Contact u.s. for a free case review.

Source: https://carlsonmeissner.com/what-are-the-laws-about-possession-of-an-open-container-in-florida/