Floridians are enjoying the weather on both the waterways and the roadways. Whether driving to a picnic or heading out on the water, it is important to be aware of when open container laws apply to avoid being cited with an open container ticket.
What Is an Open Container Ticket?
According to Florida Statute, an open container is one in which an alcoholic beverage is “capable of being consumed from.” This not only includes a beer can, but also liquor bottles on which the seal has been broken. That means even transporting your favorite half empty bottle of vodka to your friend’s house can net you a ticket.
Avoiding an open container ticket is simple. No open, previously opened containers, or easily opened containers like a flask should be in the passenger area of your car. If you need to transport a flask, open bottle, or other container that has an alcoholic beverage in it, it needs to be placed in your trunk or a locked glove compartment. That means you can take your favorite vodka to your friend’s house, but it needs to be locked away.
If the container doesn’t belong to you, but to a passenger, request that they put it in your trunk to save both of you the hassle of getting pulled over.
If you’re leaving your local restaurant and want to take home your half-empty bottle of Chardonnay, the bottle may ride in the car with you as long as it has been resealed in accordance with Florida Statute 564.09. Because this statute relies on the compliance of the restaurant, it is always better to be safe rather than sorry. Consider placing the bottle in the trunk even if it has been resealed, bagged, and tagged as required by law.
Can You Get an Open Container Ticket on a Boat?
Boaters are subject to many of the same laws as drivers. You can get tickets for both speeding and driving under the influence. However, while a driver can be ticketed for an open container, it is OK to have an open container on a boat unless it is in private waters. Boat operators should never operate the vehicle while intoxicated, though, as this can jeopardize lives.
For boaters that enjoy having a brewski, make sure that you are paying attention to your consumption and that you are aware of how the heat is affecting you. You can get drunk more quickly in high heat when you’re dehydrated. Pace yourself and save the drinking until you hit the shore.
Already Have an Open Container Ticket? Fight it!
If you’ve already received an open container ticket, it’s important that you understand your rights. An open container ticket is a serious offense. Rather than accepting that consequences and paying off the ticket, consult with a skilled Florida open container ticket lawyer to learn whether you can challenge your ticket.
A Florida open container ticket lawyer understands the statutes surrounding open container laws and the legal methods for getting a ticket appealed or thrown out. With years of experience helping drivers challenge their traffic tickets, A Florida open container ticket lawyer represents your best chance of getting your ticket taken off your record. Don’t just accept the points on your license, challenge them. To learn more, contact Florida Ticket Firm today.
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