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Code · South Dakota · Title 35 · Chapter 35-1

35-1-9.3. Certain situations not in violation of § 35-1-9.1.

120 words·~1 min read·/sd/title-35/chapter-35-1/35-1-9-3·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It is not a violation of § 35-1-9.1 if:
(1)An alcoholic beverage is located in a locked glove compartment of the motor vehicle;
(2)An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers; or
(3)A passenger in a motor vehicle operated by a carrier as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9) possesses an open alcoholic beverage. However, the driver of a carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the seal of the original package is broken.
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