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  1. #1

    Default Open Container and Underage Possession of Alcohol in Georgia

    A friend and i were sitting in a cul-de-sac down the road from another friends house. we had 2 beers in the car that were 3/4 full when a cop pulled up and gave us 2 tickets each. Minor possesion of alcohol and open container in a car.However the keys were not in the ignition the entire time. do they still have the ability to write the open container?

    also what do you think the out come will be? i have had 1 offense before, theft of alcohol.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Open Container and Underage Possession of Alcohol in Georgia

    Was the container open? If so, there you go.
    Quote Quoting Georgia Code § 40-6-253. Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area
    (a) As used in this Code section, the term:
    (1) "Alcoholic beverage" means:
    (A) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;

    (B) Wine of not less than one-half of 1 percent of alcohol by volume; or

    (C) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
    (2) "Open alcoholic beverage container" means any bottle, can, or other receptacle that:
    (A) Contains any amount of alcoholic beverage; and

    (B)
    (i) Is open or has a broken seal; or

    (ii) The contents of which are partially removed.
    (3) "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.
    (b)
    (1) A person shall not:
    (A) Consume any alcoholic beverage; or

    (B) Possess any open alcoholic beverage container
    in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.

    (2) The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.

    (3) Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area.

  3. #3

    Default Re: Open Container and Underage Possession of Alcohol in Georgia

    i looked more into the tickets and i was issued a 3-3-23 which means it is issued while driving correct? I do not have a drivers license and i was not driving and the car was not on and the keys were not in the ignition. So is there a way i can get out of that ticket?

  4. #4
    Join Date
    Mar 2005
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    Michigan
    Posts
    28,906

    Default Re: Open Container and Underage Possession of Alcohol in Georgia

    Georgia Code, Sec. 3-3-23, deals with "Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification; dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment; seller's actions upon receiving false identification" - nothing to do with driving.

    If you wish to contest the ticket you can go to court, plead your case, and see what the judge decides.

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