Open Container Ticket Lawyers in Los Angeles County
Yes: an open container ticket is a citation like any other, and our attorneys fight it in court for drivers and passengers across Los Angeles County, the surrounding counties and the rest of California. We check the citation against the exact open container section it cites and start with a free consultation.
What an Open Container Ticket Means
California has several open container laws, and each covers a different person and place. A “container” under all of them is a bottle, can or other receptacle of alcohol that has been opened, has a broken seal, or has been partly emptied.
| Section | Who it covers | What it prohibits |
|---|---|---|
| VC 23222(a) | The driver | Having one on your person while driving |
| VC 23223 | Driver or passenger | Having one in your possession in a vehicle on the road |
| VC 23225 | Registered owner, or the driver if the owner is absent | Keeping one anywhere but the trunk |
| VC 23226 | Driver or passenger | Keeping one in the passenger compartment |
For a driver or passenger 21 or older, these are infractions (VC 40000.1). A driver or passenger under 21 who knowingly carries alcohol is charged under a separate section, VC 23224: a misdemeanor with up to six months in county jail, a fine of up to $1,000, or both, and possible impound of the vehicle if the young driver owns it.
How Our Attorneys Fight Open Container Tickets
We start with the section on your citation, because each one has its own elements: who held or kept the container, where it was in the vehicle, and whether it was open. We review how the officer came to see the container and whether the stop and any search followed the law, and we check the exemptions the code itself sets, such as a container in the trunk or a passenger in a licensed bus, taxi or limousine for hire (VC 23225, 23229). Then we appear for you in court (Penal Code 977 and 19.7). We fight these tickets in courts across Los Angeles County. We also take cases in Orange, Riverside, San Bernardino, Ventura and Kern counties, and anywhere else in California.
Our attorneys have over 45 years of combined experience in fighting traffic tickets. In over 90% of our cases the client has had their case dismissed, been found not guilty, or has had reduced fines and/or charges reduced to no points. Past results do not guarantee a future outcome.
Questions About Open Container Tickets
Is an Open Container Ticket an Infraction?
For anyone 21 or older, yes. A Vehicle Code violation is an infraction unless the code makes it something else (VC 40000.1), and the alcohol open container sections are not on the code’s list of misdemeanors (VC 40000.15). The under-21 offense in VC 23224 is on that list, so it is a misdemeanor.
Does an Open Container Ticket Add a Point?
The point rules in VC 12810 do not name the open container sections. They give one point to any other traffic conviction involving the safe operation of a vehicle (12810(f)), so the answer turns on the section on your citation and how the conviction is reported to the DMV. We check this for your citation in the free consultation.
Does the Open Container Law Apply to Passengers?
Yes. VC 23223(b) covers a passenger who has an open container in their possession, and VC 23226(b) covers a passenger who keeps one in the passenger compartment. The possession rule does not apply to passengers in a licensed bus, taxi or limousine for hire, or in the living quarters of a housecar or camper (VC 23229).
How Does an Open Container Ticket Differ From a DUI?
An open container ticket is about the container: where it was and who had it. Nobody has to have been drinking. A DUI under VC 23152 is about the driver: driving under the influence, or with a blood alcohol level of 0.08% or more. A DUI is a misdemeanor (VC 40000.15) worth two points (VC 12810(b)). One stop can produce both charges. Our DUI page covers DUI defense.
Related
Fight Your Open Container Ticket
Cited for an open container? Call (310) 455-6810 or contact us today for your free consultation.
Sources
California Legislative Information
- VC 23222(a)(opens in a new tab)
- VC 23223(opens in a new tab)
- VC 23225(opens in a new tab)
- VC 23226(opens in a new tab)
- VC 40000.1(opens in a new tab)
- VC 23224(opens in a new tab)
- 23229(opens in a new tab)
- Penal Code 977(opens in a new tab)
- 19.7(opens in a new tab)
- VC 40000.15(opens in a new tab)
- VC 12810(opens in a new tab)
- VC 23152(opens in a new tab)