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Open Container Law (NYS, Motor Vehicle)

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vol30w60

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Sep 5, 2008, 6:58:00 AM9/5/08
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Is it legal to transport a half-empty bottle of liquor in the trunk
space of my vehicle? I always assumed this was okay, but after reading
the quoted item below, it would seem that the only exception is for
bottled wine that was purchased at a restaurant, partially consumed with
a meal, resealed, and stored in the trunk. Is this correct? BTW, what is
the definition of "open container" anyway?


Sec. 1227. Consumption or possession of alcoholic beverages in certain
motor vehicles.

1. The drinking of alcoholic beverages, or the possession of an open
container containing an alcoholic beverage, in a motor vehicle located
upon the public highways or right-of-way public highway is prohibited.
Any operator or passenger violating this section shall be guilty of a
traffic infraction. The provisions of this section shall not be deemed
to prohibit the drinking of alcoholic beverages or the possession of an
open container containing an alcoholic beverage by passengers in
passenger vehicles operated pursuant to a certificate or permit issued
by the department of transportation or the United States department of
transportation. Furthermore, the provisions of this section shall not be
deemed to prohibit the possession of wine which is: (a) resealed in
accordance with the provisions of subdivision four of section eighty-one
of the alcoholic beverage control law; and (b) is transported in the
vehicle's trunk or is transported behind the last upright seat or in an
area not normally occupied by the driver or passenger in a motor vehicle
that is not equipped with a trunk.

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