Charged With Open Container Violation in Alabama

My question involves criminal law for the state of: Alabama

I was parked on a hill on public property which is open to the public during daylight hours. It was at least 100 yards from the nearest highway and major roadway. It was after dark. My truck was not running. The the keys were with me in the back bed of the truck which is covered with a camper shell. Under the camper shell I have a mattress and other daily living amenities. It is my home. The officers approached and stated they smelled smelled marijuana and asked me to exit the vehicle. I told them I did not consent to searches. They put me in handcuffs and searched the vehicle. After completing the search they found no marijuana but found an open bottle of whiskey. They then asked me if I had been drinking. I said no. They asked if I was completely sober. I said yes. They did not perform any sort of sobriety test. They told me I was being charged with an Open Container. I was not read my Miranda Rights. I was then taken to jail where I was bonded out on charges of Public Consumption. No ticket was ever issued. I have a court date. Is this something I could contest with a reasonable expectation of success? If so, how?

You will want to get a copy of the police report and discuss it in detail with your criminal defense lawyer. You may have a defense to the search, but it's going to depend in no small part upon what the police claim occurred over the course of the incident.

You don't have to be intoxicated to be charged with an open container offense. You don't have to be given a ticket in order to be charged, and you indicate that you were charged. Miranda is relevant only to custodial interrogation.

Is this the statute you're charged with violating:

Quote:

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Quoting Ala. Code § 32-5A-330. Definitions; Applicability; Violations.

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(a) As used in this section, the following terms are defined:

(1) OPEN CONTAINER. A container which is other than in the manufacturer's sealed condition.

(2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel.

(b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state.

(c) This section shall not apply to:

(1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license.

(2) A passenger of a bus for which the driver holds a valid commercial driver's license.

(3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer.

(4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment.

(5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck.

(6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle.

(7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.

(d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers.

(e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.

(f) The penalties provided for violation of this section shall not constitute a moving violation and shall not have any effect on the driver's license points.

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