Cadiz KY Open Container Lawyer

Cadiz KY Open Container Attorney

Kentucky takes driving under the influence extremely seriously. Drinking and driving can come with harsh penalties and deadly impacts. One of the numerous ways Kentucky tries to combat individuals driving under the influence is by imposing strict laws regarding open containers. In the state, it is illegal to have an open container of alcohol in a vehicle where either the driver or the passenger can access it. In these situations, a Cadiz, KY open container lawyer can help.

The law office of Michael J. Thompson, Attorney at Law, has over a decade of experience helping those facing a wide range of criminal charges. We can explain to you the nature of the charges you are facing, how they might affect your future, and what kind of legal options may be available to you. Understanding the law regarding open containers in Kentucky and the exceptions to these laws is crucial in order to avoid related criminal charges.

Defining the Legality of Open Containers in Cadiz, KY

In Kentucky, it is illegal to possess an open container of alcohol if it is present in the passenger area of a vehicle when that vehicle is on a public roadway. These laws can apply to both the drivers of these vehicles and passengers. For example, if you have an open container of wine, beer, or alcoholic spirits in the passenger compartment of a car, even in cases where no one is actively ingesting the alcohol, you can still be charged with this offense.

When trying to define open container laws in Kentucky, it can be wise to understand what is considered an alcoholic beverage in the state. According to open container laws of the state, an alcoholic beverage can include:

• Beer or a similar fermented substance that contains 0.5% of alcohol by volume
• Wine with 0.5% or more of alcohol by volume
• Distilled spirits in any kind of form or volume

It is just as important to understand how the state defines an “open container.” This can include any bottle, can, or other kind of container that holds any amount of alcoholic beverage if that container is:

• Open
• Has had the contents partially removed already
• Has a broken seal

According to the law, the “passenger area” is the area where the driver and their passenger sit when the car is being driven. This also includes the unlocked glove compartment of the vehicle or any other area that is within easy reach of the driver or the passengers when they are seated inside the car. Additionally, a public roadway or right-of-way is a publicly maintained area open for the public use of all vehicles.

Exceptions to the Law

As important as it is to understand what defines an open container in Kentucky, it is just as important to understand the exceptions to open container laws. If your case falls into one of these exceptions, you should not have to face any charges in violation of the law. These exceptions can include the following:

• Locked areas or trunks: It is legal to keep an open alcoholic container in the trunk or a glove compartment that is locked in a motorized vehicle. If the vehicle does not come with a trunk, the container is allowed to be behind the last seat of the vehicle or in an area that is not accessible to the driver of the car, or the passengers.
• Passengers in specific kinds of vehicles: In Kentucky, the state open container laws do not apply to passengers in a vehicle that is used for the primary purpose of transportation for compensation. This can include instances in which a passenger is legally possessing an open alcohol bottle in the passenger area of a taxi, limousine, or bus for hire.
• Partially consumed bottles of wine: If a restaurant allows patrons to purchase and consume a partial bottle of wine, these patrons can legally transport the bottle of wine home in a motorized vehicle. Additionally, for this exception to work, the person transporting the wine must place it in a locked glove compartment, trunk, or area away from passengers. However, the restaurant needs to adhere to the following procedures:
  • Reseal the wine bottle securely
  • Put the bottle inside a container that makes it visible and clear that it has been opened or has been tampered with
  • Provide the patron with a receipt that has been dated for the purchased bottle of wine

What Is the Penalty for Open Container Law in Cadiz, KY?

If an individual is found to be in possession of an open container of alcohol while inside a motorized vehicle, this is a violation of state law and is punishable by a fine. In these cases, the minimum fine is $35, while the maximum fine is $100.

Potential Defenses for Open Container Charges in Cadiz, KY

There are several potential defenses that can be used in an open container case in Cadiz, KY, depending on the specific circumstances of the case itself. The most common defenses against open container charges in Cadiz, Kentucky, include the following:

• The container wasn’t yours
• The beverage was not alcoholic
• The container was in a locked area of the vehicle, like the trunk
• The vehicle was a licensed transportation for compensation vehicle
• The police lacked the necessary probable cause to search your vehicle

Speak with a Cadiz, KY Defense Attorney Today

In Kentucky, open container laws exist to protect the general public; however, they can have a harsh impact on individuals who may be unaware of the legalities surrounding these situations. Depending on the facts of your unique case, it can prove vital to hire a Cadiz KY Open Container Lawyer who can defend you against these charges and assert your innocence.

At the law office of Michael J. Thompson, Attorney at Law, we are here to provide you with the defense you deserve and fight to achieve the most favorable outcome in your case. Contact our offices today for a free consultation with our Cadiz, Kentucky open container attorneys.