OPEN CONTAINER 

Think about this scenario for a second.  You’re driving home with your significant other from a dinner party.  As you’re driving  you begin to discuss with your passenger how wonderful the evening was, especially the fantastic wine that you drank.  You’re thrilled that your dinner host graciously gave you the rest of that wonderful red wine that they brought back from Italy.  Next thing you know, you look up and you see blue lights in your rear view mirror.  Now, you know you may have been driving too fast, but nonetheless you expect to get a either a warning or a speeding ticket.

The Officer approaches the car and sees that you have a bottle of wine, with the cork lodge tightly on top, sitting in your back seat.  He says: “Ma’am, I pulled you over for speeding and it looks like you have got an open container in the back seat!”  OPEN CONTAINER!?  That’s right, now you have another ticket to worry about…

In Georgia, it is illegal to have an open bottle of an alcohol beverage in the passenger area of a motor vehicle. O.C.G.A. 40-6-253.   We often think of open container in the context of someone driving down the road with an open beer or maybe a mixed drink in a solo cup.  But it can also constitute someone carrying home an already open bottle of alcohol.  In fact, Georgia law defines an “open alcoholic beverage” (open container) as any bottle, can, or other receptacle that contains ANY amount of alcoholic beverage and: (1) is open or has a BROKEN SEAL; OR (2) the contents of which are partially removed.

So be careful out there! If you’re one of those lucky folks who gets the gift of a fine wine from Italy, go ahead and put it in the trunk.   That will avoid any headache with the police officer believing your impaired AND will help avoid you getting ticketed for open container.

However, if you have found yourself with an open container violation, please contact the office immediately at 404-581-0999.