House Bill 1057 – Open Containers:
Creates exceptions to the law concerning open alcoholic beverage containers in motor vehicles. Removes the requirement that, in proving a violation of the law, the state must show that the driver of the motor vehicle had a minimum level of alcohol in the driver’s blood or breath. Specifies that a violation of the law occurs while the motor vehicle is on the right-of-way of a public highway even if the vehicle is not in operation.
The exceptions created are that the law does not apply to: 1) passengers; 2) a container in a fixed center console or similar console that is locked; and 3) in a vehicle with no trunk, a container in an area behind the last upright seat or area not normally occupied by a person. Passed 34-15.
Leave a Reply