Resist the Urge to Drink in the Car
It can be tempting to continue your party as you make your way from one spot to another on a night out on the town. However, resist the urge to open a bottle and drink in the car. Make sure your passengers do the same. Having or transporting an open container can get you into trouble in Claremore, Oklahoma.
The Law in Oklahoma
Most states, Oklahoma included, have laws prohibiting having an open container of alcohol in a moving vehicle traveling upon any public roadway. Okla. Stat. tit. 21 § 1220
The law requires that any open container of alcohol be in the trunk or other outside compartment; it must be inaccessible to the driver and passengers while the vehicle is moving.
This restriction does not apply to passengers on a bus or limousine, but a bus or limousine driver may not consume alcohol or have it near them while driving.
The Oklahoma Alcoholic Beverage Control Act also prohibits the knowing transportation of an open alcoholic container in a moving vehicle. This statute prohibits a number of actions involving alcohol. Okla. Stat. tit. 37 § 537
Penalties for Having an Open Container
This is charged as a misdemeanor crime in Oklahoma. That means that if you are convicted of having an open container in a vehicle, you could spend up to six months in jail and pay a fine of up to $500. The court has some discretion in sentencing if you are convicted. Okla. Stat. tit. 37 § 566
In addition, the law mandates payment of a $100 penalty to the Trauma Case Revolving Fund. This fund helps reimburse trauma healthcare workers for medical care associated with trauma.
Although this is a misdemeanor charge, it can involve jail time. If you are facing charges, wok with an experienced Claremore criminal defense attorney. He or she can help reduce your fine and may be able to keep you out of jail.
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