Legal Question in DUI Law in California
Is a plastic cup with residue of beer considered an Open Container violation ?
Asked on 2/27/12, 7:27 am
5 Answers from Attorneys
David M. Wallin
Law Offices OF David M. Wallin
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
Answered on 2/27/12, 9:14 am
Brian McGinity
McGinity Law Office
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
Answered on 2/27/12, 12:51 pm
Zadik Shapiro
Law Offices of C. Zadik Shapiro
Yes, if you were in a car and you were driving with alcohol on your breath.
Answered on 2/27/12, 5:33 pm