Open Container

Legal Definition

A person commits this offense by knowingly possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway. An 'open container' is any bottle, can, or receptacle containing any amount of alcoholic beverage that is open, has a broken seal, or has had contents partially removed. The offense applies to both drivers and passengers, though exceptions exist for passengers in certain commercial vehicles and living quarters of motor homes.

Possible Punishment

Up to 6 months in county jail and a fine up to $500. Courts typically impose fines and may order community service; jail time is uncommon for first offenses.

Criminal Traffic Cases in Doña Ana County

Not every traffic offense is a ticket. Driving on a suspended or revoked license, reckless driving, and fleeing an officer are criminal charges that end in booking rather than a citation, and they appear constantly in our feed. Suspended-license charges in particular tend to snowball: unpaid fines lead to suspension, driving anyway leads to arrest, and missing the court date adds a bench warrant.

Criminal traffic cases are heard in Las Cruces Municipal Court for city violations and Doña Ana Magistrate Court for state charges. If alcohol or drugs are involved, the case moves into DWI territory with its own mandatory penalties.

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