Elkton KY Open Container Lawyer

Elkton KY Open Container Attorney

The last thing you might expect after being pulled over is being charged with an open container offense because of an open bottle of wine in the back seat. You might be the only one in the car, and even if the cork is in the bottle, you are, albeit unknowingly, still violating the law. These charges can come with hefty fines, and the legal support of an Elkton, KY open container lawyer can prove essential.

At the law office of Michael J. Thompson, Attorney at Law, our firm is dedicated to educating our clients on the charges they face and how to correctly go about defending against these charges. Kentucky’s open container laws can be difficult to understand, and there are several gray areas. While these laws operate to protect the general public from intoxicated drivers, they can also catch people unaware, and it is vital to have a knowledgeable defense attorney on your side at this time.

Kentucky Law Regarding Open Containers

In Elkton, Kentucky, it is illegal for an individual to be operating a vehicle while there is an open container of alcohol inside the passenger area of that vehicle if that vehicle is operating on a public highway or right-of-way. These laws can apply to both drivers and passengers, so depending on the exact nature of the situation, the police officer involved can issue these tickets to the driver, the passenger, or both.

In these cases, it is important to know how the open container law in Kentucky defines an “alcoholic beverage.” These beverages can be defined as the following:

• Any beer or similar fermented beverage that contains 0.5% or more of alcohol by volume
• Any wine that has 0.5% or more of alcohol by volume
• Or any distilled spirits in various forms

It is likewise important to understand how the law defines an “open container.” In Kentucky, an open alcoholic beverage container is any bottle, can, or other container that can hold any amount of alcohol that is also:

• Open
• Has a broken seal
• Has been partially consumed

For a ticket to be issued, however, the container must be in the “passenger area” of the vehicle. This area is any that has been designed for the driver or any passengers to be present while the vehicle is in operation. This can include any unlocked glove compartment or any area of the vehicle that is accessible to the driver or the passengers while they are seated. Additionally, a public highway or right-of-way is defined as a maintained area for public vehicular use.

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

In Elkton, Kentucky, if you are found to be in possession of an open container and subsequently charged, you are guilty of a violation offense and can face fines as punishment. In most cases, these fines can range anywhere from $35 to $100, depending on the circumstances and nature of your offense.

Exceptions to Open Container Laws in Elkton, Kentucky

Just as it is important to know how and why you might be charged with an open container violation, it is likewise important to understand how your case might be an exception to these laws and, therefore, be able to avoid any penalties and official violation charges. You may be in a position of exception under the following circumstances:

• Partially consumed wine: Some restaurants may allow customers who have bought a meal and consumed part of a bottle of wine to take that partially consumed bottle of wine home with them. The customer must place this bottle in a locked glove compartment, in the trunk, or in other areas away from passengers. However, in order for this transportation to be legal, the restaurant must ensure the following:
  • The bottle of wine is securely resealed
  • The bottle of wine has been placed in a container that makes it clear and apparent it has been subsequently tampered with or opened
  • The restaurant must provide the customer with a receipt for the wine with an official date on it
• Passengers of certain vehicles: The open container laws in Kentucky do not apply to passengers who are in the passenger area of the vehicle if that vehicle is used as transportation for compensation or hire. This can include a limousine, bus for hire, or taxi. Passengers of recreational vehicles, motor homes, or motor coaches may also be in lawful possession of an open alcohol container.
• Trunks or locked areas: In Elkton and other areas of Kentucky, an open alcoholic container can be legally kept in the locked glove compartment or in the trunk of a motorized vehicle. If there is no trunk in the vehicle, the container can be stored behind the last seat that is upright or in an area that is not occupied by passengers.

Public Intoxication and Open Containers

In addition to open container laws of the state, it is likewise illegal to drink alcohol in public areas or appear to be intoxicated in public. This can apply to highways and parking lots, which can make it illegal to drink while inside vehicles. It is likewise illegal to drink alcohol on a passenger coach, platform, in a waiting room, or in other vehicles that are used for public transportation.

Speak to an Elkton, Kentucky Open Container Lawyer Today

In Kentucky, open container laws work to protect us from drunk drivers, but they can also have a hefty impact on individuals who are not aware that they may be violating the law. Depending on the facts of your situation, there are several legal defenses that can be used in your case.

The legal team at Michael J. Thompson, Attorney at Law, is well-versed in these defenses and how they might apply to your case. We are dedicated to helping clients facing many different types of charges, including those for open container offenses. Contact the firm today to learn more about our services and to schedule a free consultation with an open container lawyer.