Legal Open Container Florida

In Tampa, for example, you can`t have an alcoholic beverage open in public unless you`re in a select spot on the Riverwalk, though there are still certain conditions, such as: Other types of open container violations are charged as felonies under state law or as ordinance violations under local municipal law. Offences related to possession of alcohol are generally punishable by up to 60 days in jail, 6 months probation and a $500 fine. An open container is deemed to be in the possession of the driver of a vehicle if the means of containment is not in the possession of a passenger and is not in a locked glove compartment, locked trunk or other locked area of the vehicle reserved for other passengers. Many visitors to Palm Beach County may not be aware of local laws regarding alcohol consumption. Often, tourists get into trouble with the law due to public drunkenness and other accusations. If you have violated the state`s Open Container Act, contact the law firm Gabriel & Gabriel. Defense attorney Brian Gabriel may be able to reject your violation of the open container or drop the charge of public drunkenness. Call 561-622-5575 for more information or contact Brian Gabriel to schedule a free legal consultation. What happens if an open container is found but not in the driver`s or passenger`s possession? Who is in trouble? According to the statue: Florida`s open container laws prohibit drivers and passengers from having alcohol open and available in their vehicles. Florida`s open container laws apply to moving cars and vehicles parked on or near a highway. The open container is considered to be the passenger`s container if the container is in the passenger`s physical possession, which exposes the driver of the vehicle to a higher risk of penalty. It is important to understand if you are charged with a civil violation under state law or if you are dealing with a regulatory violation. An open container violation can also be related to other charges such as possession of false identification or possession of alcohol by a person under the age of 21.

The penalties you may face may be greater if you receive additional charges of alcohol offences. None of these exceptions apply to ride-sharing services like Uber or Lyft, as these drivers don`t have a commercial driver`s license. Therefore, it is illegal to have an open container if you drive as a passenger in an Uber or Lyft. While you can drink alcohol until the wee hours of the morning in private establishments, strict open container laws prevent the consumption of alcoholic beverages outside your home. If a law enforcement officer sees someone in possession of an open container in a vehicle or other area where such possession is prohibited, the law enforcement officer could cite you for the crime. Under this act, it is a traffic offence to have an open container of alcohol in a motor vehicle. An open container is defined as “any alcoholic beverage that can be consumed immediately.” In this sense, they are containers of alcoholic beverages whose seals have been broken, such as a beer bottle whose cap has been extinguished. The State of Florida allows each county or municipality to impose stricter ordinances and harsher penalties than those prescribed in Chapter 316. Municipal ordinances can be more comprehensive, prohibiting the possession of open containers not only in the vehicle, but also in public places such as beaches, parks, sidewalks, parking lots, and streets. No, you can`t. Uber and Lyft drivers do not have a commercial driver`s license, so for the purposes of the Open Containers Act, you would be violating alcohol consumption as a passenger on one of these services.

In order to recover financially, the victim must prove that the negligence caused damage. The open container can be an integral part of explaining the defendant`s actions and how they did not meet legal standards. If you have been injured in an accident involving an open container, an experienced lawyer can explain how open container and liability laws may apply in your case. Florida passed the Florida Open Container Act in 1988. The legislature created statewide legislation to follow and enforce consistent regulations for open containers throughout the state. However, the law has been amended since its adoption. Although possession of an open container in a motor vehicle is a criminal offense in some states, in the state of Florida this offense is a civil offense only if charged under state law. We represent individuals throughout the Tampa Bay area in a variety of alcohol-related offenses, including open container possession, impaired driving (DUI), underage possession of alcohol, and misconduct. You can legally have an optional container on a boat, but if the boat`s operator has a blood alcohol level above 0.08 or is compromised, it can result in an arrest for boating under the influence (BUI).

Chapter 316.1936 of the Statutes of Florida defines an open container as “any container of alcoholic beverages that can be consumed immediately or whose seal has been broken.” Anything that can be used to transport an alcoholic beverage – a can, bottle, plunger, cup, glass or container that has been opened or does not bear a seal – can be considered an “open container”.

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