Is a plastic cup with residue of beer considered an Open Container violation ?

Question

Is a plastic cup with residue of beer considered an Open Container violation ?

Answer

Yes.

Answer

I haven't done the legal research, but if the cup had some fresh alcohol in it, it would seem to qualify. I wish you well .............. David Wallin

Answer

It really depends what the circumstances were. If you were in an automobile and the plastic cup was in the car then yes, it can be considered an open container. Generally Law Enforcement will cite under such circumstances.

I would suggest contacting an attorney if you have been cited for the what you have described. If you have any questions please feel free to contact our office at www.brianmcginitylaw.com .

Good luck

Answer

Yes, if you were in a car and you were driving with alcohol on your breath.