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Monmouth County Open Container Laws 2017-04-28T12:26:51+00:00

Monmouth County Open Container Laws

Dedicated Legal Representation in Monmouth County and Ocean County, NJ

Have you been charged with violating New Jersey’s open alcohol container law? Do you need a NJ Lawyer to Assist you?

IMGoldman Legal Group open container lawyers represent clients throughout Ocean and Monmouth County, NJ  in defending against open container charges.

It is unlawful in Ocean and Monmouth County New Jersey for the driver or passengers to have an “open container” of any alcohol in the car. This applies to open empty containers of alcoholic beverages, or open containers with alcoholic beverages in them.

Open container is a misdemeanor, usually punished by a fine. In a vehicle with multiple occupants in which no one will take the blame, the officer will often cite the person who is closest to the container.

39:4-51b Possession of Open Container of Alcohol in Passenger Compartment

First offense: Fine of $200. Second or subsequent offense: Fine of $250 or 10 days community service. For information regarding points or surcharges contact the Motor Vehicle Commission. For information about car insurance eligibility and points contact your car insurance company or the New Jersey Department of Insurance.

a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term “open or unsealed” shall mean a container with its original seal broken or a container such as a glass or cup

c. For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

Monmouth County Open Container Laws

If you have been arrested and have a past conviction in New Jersey, Contact IMGoldman Legal Group Monmouth County, NJ Criminal Lawyer for advice and representation from a knowledgeable and experienced Red Bank, NJ criminal defense attorney.

Experienced Open Container Lawyer Available Now To Assist You