Open Container

Legal Definition

A person commits this offense by knowingly having in their possession an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway. An open container is one that has been opened, has a broken seal, or from which the contents have been partially removed. The law prohibits both drivers and passengers from possessing open containers in the vehicle's passenger area.

Possible Punishment

Penalty assessment of $25 to $100. This is a civil penalty, not a criminal conviction. No jail time is imposed for a first violation. Repeat violations within a specified period may result in higher assessments.

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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