Hopkinsville Open Container Lawyer

Hopkinsville Open Container Attorney

Perhaps you were pulled over for having a light out, and the police officer noticed a partially consumed alcohol container in the car. The police officer may issue you a ticket, and a Hopkinsville open container lawyer can help.

At the law office of Michael J. Thompson, Attorney at Law, we understand that a simple mistake can lead to hefty fines and charges. With over a decade of experience helping clients in similar situations, we are here to offer you the greatest chance at avoiding fines and penalties for breaking Kentucky open container laws. It is important, when facing these charges, to understand the nuances involved, and we can help.

What Are the Open Container Laws in Hopkinsville?

In Kentucky, driving while under the influence of alcohol is a serious offense. The state prosecutors do not take these cases lightly, and neither should you. One of the ways the state attempts to protect the general public from the harm that drunk drivers can inflict is by the strict imposition of open container laws. In the state, it is illegal to have an open container of alcohol in a place in the vehicle where either the driver or passenger can access it.

If you are caught violating this law, you could face charges of possession of an open container in a vehicle. These situations can occur when there is an open bottle of alcohol in the passenger area of the vehicle, even if no one is drinking from it, when you are driving on a public highway or right-of-way. We must first look at how Kentucky defines both alcohol and an “open container,” to better understand these charges. An alcoholic beverage is defined as the following:

• Any wine that contains a 0.5% or more of alcohol by volume
• Any beer or similar fermented beverage that contains 0.5% or more of alcohol by volume
• Any form of distilled spirit, such as gin, whiskey, or vodka

It is also important to understand how Kentucky defines an open container. An “open container” can define any can, container, or bottle that contains a certain amount of alcohol inside and fits one or more of the following descriptions:

• The container is open
• The container has a broken seal
• The container has had a portion of its contents removed

In Hopkinsville, the “passenger area” is defined as any area that has been designed for the driver and passengers to be present while the motorized vehicle is in motion. It can also include any unlocked glove compartment or area that is accessible to either the driver or the passengers while they are in a seated position.

Additionally, it is wise to keep in mind that a “public highway or right-of-way” is defined as any maintained area that is open for public vehicles to travel on.

Defenses for Open Container Violations in Hopkinsville

In an open container case, it can be a smart move to enlist the legal support and guidance of an attorney who can review the details of your case and determine what strategies of defense might apply. The most common open container defenses, depending on the exact nature of your case, can include the following:

• Lack of knowledge: Your Hopkinsville Open Container Lawyer may be able to claim that you were not aware there was an open container of alcohol in your vehicle.
• Improper search: Your attorney may be able to challenge the legality of the traffic stop or the search and argue that they did not have a reasonable belief to pull you over.
• Vehicle type: Your attorney may be able to assert that the vehicle was licensed for transportation in cases where open containers are allowed.
• Non-alcoholic beverage: Your Hopkinsville Open Container attorney may be able to argue that the container held a non-alcoholic substance.
• Container location: Your attorney may be able to demonstrate that the open container was in a designated trunk area or locked compartment and was not accessible to either the driver or passengers.
• Open interpretation: Your Hopkinsville Open Container Lawyer may be able to challenge whether the container was actually “open” in accordance with the definitions of the law.

What Is the Penalty for Open Container Law in Hopkinsville KY?

If a person is found guilty of possessing an open container of alcohol while inside a motorized vehicle operating on a public highway or right-of-way, this is a violation offense and is punished by monetary fines. In Hopkinsville, Kentucky, these fines can range anywhere from $35 to $100, depending on the exact nature of the offense.

Exceptions to the Law

There are certain exceptions when it comes to the laws surrounding open container violations in Kentucky. The most common exceptions include the following:

• A restaurant may allow you to purchase a bottle of wine with your meal and bring home whatever remains. However, if they do so, they must securely reseal this bottle, place it in a separate container that will make it clear it has been tampered with, and provide you with a dated receipt. You must also keep this bottle in a locked glove compartment, trunk, or area not accessible by either the driver or passengers.
• You may be allowed to legally possess an open container in certain vehicles, such as transportation vehicles for hire, such as a taxi or limousine, or a motorhome, motor coach, or recreational vehicle as a passenger.
• An open container may be kept in a trunk or locked glove compartment of a vehicle. If your vehicle does not have a trunk, it can be kept behind the last remaining seat in an upright position or in an area where drivers and passengers are not present.

Speak to an Experienced Open Container Lawyer in Hopkinsville Today

Open container laws in Hopkinsville, Kentucky, are meant to keep us safe. Unfortunately, there are certain gray areas, which can lead to complicated circumstances if you are found with an open container in your vehicle, even if you had no intention of partaking in it. If you are facing an open container ticket in Hopkinsville, Michael J. Thompson, Attorney at Law, is here to help. Contact the firm today to schedule a free consultation and learn more about our legal services.