Legal Question in DUI Law in California

Is a plastic cup with residue of beer considered an Open Container violation ?


Asked on 2/27/12, 7:27 am

5 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

Yes.

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Answered on 2/27/12, 7:31 am
David M. Wallin Law Offices OF David M. Wallin

I haven't done the legal research, but if the cup had some fresh alcohol in it, it would seem to qualify. I wish you well .............. David Wallin

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Answered on 2/27/12, 9:14 am
Brian McGinity McGinity Law Office

It really depends what the circumstances were. If you were in an automobile and the plastic cup was in the car then yes, it can be considered an open container. Generally Law Enforcement will cite under such circumstances.

I would suggest contacting an attorney if you have been cited for the what you have described. If you have any questions please feel free to contact our office at www.brianmcginitylaw.com .

Good luck

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Answered on 2/27/12, 12:51 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Yes, if you were in a car and you were driving with alcohol on your breath.

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Answered on 2/27/12, 5:33 pm


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