Legal Question in Traffic Law in Iowa
is open container a traffic violation or a criminal violation
1 Answer from Attorneys
It's a criminal offense, a simple misdemeanor under 321.284
321.284A OPEN CONTAINERS IN MOTOR VEHICLES --
PASSENGERS.
1. A passenger in a motor vehicle upon a public street or highway
shall not possess in the passenger area of the motor vehicle an open
or unsealed bottle, can, jar, or other receptacle containing an
alcoholic beverage. "Passenger area" means the area of a motor
vehicle designed to seat the driver and passengers while the motor
vehicle is in operation and any area that is readily accessible to
the driver or a passenger while in their seating positions, including
the glove compartment. An open or unsealed receptacle containing an
alcoholic beverage may be transported in the trunk of the motor
vehicle. An unsealed receptacle containing an alcoholic beverage may
be transported behind the last upright seat of the motor vehicle if
the motor vehicle does not have a trunk.
2. This section does not apply to a passenger being transported
in a motor vehicle designed, maintained, or used primarily for the
transportation of persons for compensation, or a passenger being
transported in the living quarters of a motor home, manufactured or
mobile home, travel trailer, or fifth-wheel travel trailer.
3. A person convicted of a violation of this section is guilty of
a simple misdemeanor punishable as a scheduled violation under
section 805.8A, subsection 14, paragraph "e".
4. The department shall not include a conviction for a violation
of this section on the individual driving record of the person
committing the violation and the conviction shall not be considered
by the department in any proceeding for suspension, revocation,
barring, or denying of the person's driver's license or upon any
application for renewal of driving privileges.
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