In March of 2019, Owasso police arrested two men in their twenties for reckless driving and other traffic offenses, including possession of an open container. The men were driving at high speeds during rush hour when they made an attempt to take an off ramp at Hwy. 169 and 96th St. North. Their vehicle flipped off of the ramp and rolled into a drainage ditch. Naturally, possible jail time and fines are likely in this situation. But how much of the punishment is a result of the open container charges?
Oklahoma Statute: Possession of an Open Container
Common sense says that drinking an alcoholic beverage of any type while driving is illegal. However, even having an open container in reach when you are driving is a problem. Further, “driving” or operating a vehicle can include presence on a public highway, street, or even an alley or parking lot. See 21 Okl.St.Ann. § 1220. An open container means the seal is broke. It does not mean that you were drinking the alcohol.
Legally, the best plan is to keep any alcoholic beverages outside of your vehicle or in the trunk. So, placing them in the bed of a truck, or in the far end of a hatchback vehicle are our recommendations.
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Legal Penalties in Oklahoma
Transporting or Possession of an Open Container is a misdemeanor under Oklahoma law. Therefore, if the court convicts you of this charge, you face up to 6 months in prison and a possible fine reaching $500. Oklahoma law also imposes a fine of $100. This fine goes to the Trauma Care Assistance fund that help with people who are victims of alcohol-related accidents.
Legal Support in Tulsa You Can Count On
It is not always a cut and dry situation regarding possession of an open container. Our lawyers understand this and want to ensure you have a fair chance to present your defense. We can boast of representation on hundreds of criminal defense cases. So our experience is legitimate and notable. Our first consultation is free. Call Tulsa Criminal Lawyers Law Firm at 918-416-0358.