Legal Question in Criminal Law in Alaska
Open Container of an Alcoholic Beverage
I recently received a ticket for having an open container of an alcoholic beverage in a motor vehicle. I wasn't driving, I was in the front passenger seat and the bottle was on the floor, between my legs. My friends and I were parked in the parking lot of a local high school at approximately midnight. I don't think that's illegal in Anchorage, AK (where I live and received the ticket). As far as I can tell, it would only be illegal if I was driving. I guess my question is: Was the officer wrong in giving me the ticket (shouldn't it have went to the driver)? Where can I find past judgements of similar cases? Thank you.
2 Answers from Attorneys
Re: Open Container of an Alcoholic Beverage
I am not licensed in Alaska and cannot give you specific advice, but rather than look for cases, I suggest you look at the statute. You should be able to find copies of the Alaska statutes in your public library and city ordinances at the City Attorney's offices. You may find your answers there. Good Luck.
Mark Sullivan
Mark R. Sullivan - Attorney at Law
1204 1st Ave. E, Ste. A
Re: Open Container of an Alcoholic Beverage
Your question calls for familiarity with very narrow and state specific laws.
Contact Fred Sloan, an attorney in Anchorage who does a good deal of DUI practice and knows his stuff.
The rule on this issue can vary widely from state to state.
But there is also a question of the legality of the officer looking in the car in the first place, essentially the same questions as if the officer made a stop of the vehicle -- was it "reasonable", was there a reasonable articulable suspicion of some criminal behavior justifying the officer's intrusion into your life.
You need to talk with a local attorney to review all of the facts. Try Sloan. His e-mail address is [email protected]
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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