Legal Question in Traffic Law in Florida
Can you get an open container ticket while parked. If you have no intention of driving and you will be picked up. Is there a law that will not allow you to have it open inside your car.
2 Answers from Attorneys
This is a matter of city/county ordinances, but yes, the general prohibition is against having an open container in a car -- whether or not drinking it, and whether or not the car is moving.
Florida Statute 316.1936(2)(b) states: It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.
So yes- it is illegal to have an open alcoholic beverage while sitting in a parked car.
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