California Open Container Lawyer – Business And Professions Code 25620 BPC
How Can An Open Container Attorney Help Me?
Open container means that the container holding an alcoholic drink was opened or the contents have been partially removed. In California, open container laws apply to alcoholic beverages in various circumstances such as in public, while driving a vehicle, or underage. Most places in the United States have open container laws that aim to reduce intoxication for people under 21, people operating vehicles, or in public.
The consequences of an open container violation can be serious, especially if not addressed correctly. An experienced criminal defense attorney will defend you and protect your rights and interests. The alcohol crimes lawyers at My Rights Law understand the law and the stakes involved in your case and are ready to fight for you. To learn more or schedule your free initial case consultation, call us at (888) 702-8882 or contact us through our secure web form.
An open container violation means possessing an open container of alcohol. A container can be any receptacle—bottle, can, refillable mug, or whatever—containing alcohol that has been opened, the seal broken, or some of its contents removed. Depending on the circumstances of your violation, you can be charged with open container violations in several circumstances.
Underage Open Container: Business And Professions Code 25620 BPC
Underage open container laws make it illegal for anyone under 21 to possess alcohol unless there is some permitted exception. Under the rule, if you are under 21 and have alcohol in your possession, you have committed an underage open container offense, whether you have consumed any alcohol or not. Exceptions include delivering alcohol to a parent or seeking medical help for themselves or another underage person from drinking alcohol. An underage open container conviction is a misdemeanor, with penalties including a possible fine of $250 and up to 32 hours of community service. In addition, you may face a one-year suspension of your driver’s license or a one-year delay after passing your driver’s test.
Public Open Container: Business And Professions Code 25620 BPC
Public open container laws use the same open container definition but make it illegal to have that open container in a public place, such as a city park. If you have an open container in a public place, you may be charged with the violation. However, there are a couple of exceptions where an open container in a public place is permitted. For example, if you have an open container at an event licensed to serve alcohol, you will not be charged with open container. If you are convicted of a public open container violation, you may be subject to a maximum fine of $250.
Open Container In A Vehicle: Business And Professions Code 25620 BPC
Open container vehicle is the most serious of the three open container violations. The laws and penalties for this type of violation are more severe because easy access to alcohol while driving increases the chance that you might drive while impaired, posing serious harm to yourself and others. Open container in a vehicle violations often lead to DUI arrests even if the vehicle driver is not impaired. Under California vehicle code, you may be charged with open container in a vehicle where:
The driver or a passenger is drinking an alcoholic beverage while the vehicle is in operation
Any person in the motor vehicle has a receptacle containing alcohol that has been opened, the seal broken, or some portion of the beverage removed, even if no one is drinking it
Any driver under 21 is driving with an open or closed alcoholic beverage container, except when accompanied by a parent or other responsible adult or as part of the driver’s job
If convicted of open container in a vehicle, you may face fines up to $250. If you are under 21 and driving with alcohol in the vehicle with no permitted exceptions, you may face a misdemeanor, up to six months in jail, a $1000 fine, and having your car impounded.
Open Container Defenses
Defenses to open container charges in California include cases where law enforcement violated the US Constitution’s Fourth Amendment against Unlawful Searches and Seizures. There was no alcohol in the passenger compartment, or the driver is licensed to transport passengers. Concerning alcohol not being in the passenger compartment, open containers stored in a trunk, places in the vehicle not normally occupied by passengers, or a locked container will not violate the rules against open containers in vehicles.
Hiring An Open Container Attorney In California
If you have been charged with an open container violation, it is vital that you hire an experienced criminal defense attorney to represent you. My Rights Law understand the law, process, and prosecution’s tactics to help protect your rights and interests. To learn more or schedule your free initial case consultation, call us at (888) 702-8882 or by filling out our secure web form today.
CALL OUR ALCOHOL CRIMES LAWYER 24/7 OR LEAVE A MESSAGE ON THIS SECURE FORM TO GET OUR IMMEDIATE ADVICE
I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
I want to thank Bobby and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Bobby!
An excellent and professional consultation followed by a successful win of my case.
Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.
I would like to thank Mr. Shamuilian for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.
Thank you Bobby. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
Bobby Shamuilian got me 1.4 million dollars…just kidding:) He did get my reckless driving traffic violation dismissed without me having to go to court though. The staff at My Rights Law are very capable lovely beings… Thank you Bobby can’t tell you how much it means to me man…
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorney Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
I am a person who believes in giving credit where credit is due and I absolutely need to say that Bobby is amazing. The thing that stood out about him initially was that he was actually empathetic and showed compassion about what we were going through… I would absolutely 150% recommend Bobby to any of my friends and family – he is such a genuine guy and knows how to do his job, and do it well.
Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!