61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.
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/mt/title-61/chapter-8/part-10/61-8-1026·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
61-8-1026 . Unlawful possession of open alcoholic beverage container in motor vehicle on highway.
(1)Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.
(2)This section does not apply to an open alcoholic beverage container:
(a)in a locked glove compartment or storage compartment;
(b)in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;
(c)behind the last upright seat of a motor vehicle that is not equipped with a trunk;
(d)in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or
(e)in the immediate possession of a passenger:
(i)of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or
(ii)in the living quarters of a camper, travel trailer, or motor home.
(a)A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.
(b)A violation of this section is not a criminal offense within the meaning of 3-1-317 , 3-1-318 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317 , 3-1-318 , and 46-18-236 may not be imposed for a violation of this section.