Citations Affected: IC 9-30.
Synopsis: Open alcoholic beverage containers. Creates exceptions to
the law concerning open alcoholic beverage containers in motor
vehicles. Makes it a Class D infraction for a person in the passenger
compartment of a motor vehicle to possess an alcoholic beverage
container: (1) that has been opened; (2) that has a broken seal; or (3)
from which some of the contents have been removed. Removes the
requirement that, in proving a violation of the open container law, the
state must show that the driver of the motor vehicle had a minimum
level of alcohol in the driver's blood or breath. Specifies that a violation
of the open container law occurs while a motor vehicle is on the
right-of-way of a public highway even if the vehicle is not in operation.
Specifies that a violation of the open container law is not considered a
moving traffic violation: (1) for purposes of the law concerning bureau
of motor vehicles operating records; and (2) for which points are
assessed by the bureau under the point system.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Roads and Transportation.
January 24, 2005, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
liters of the breath, and who, while the motor vehicle is in operation
knowingly allows or while the motor vehicle is located on the
right-of-way of a public highway, possesses a container:
(1) that has been opened;
(2) that has a broken seal; or
(3) from which some of the contents have been removed;
to be in the passenger compartment of the motor vehicle commits a
Class B Class D infraction. If a person is found to have a previous
unrelated judgment under this section or a previous unrelated
conviction or judgment under IC 9-30-5 within twelve (12) months
before a violation that results in a judgment under this chapter, the
court may recommend the person's driving privileges be suspended for
not more than one (1) year.
(c) A violation of this section is not considered a moving traffic violation:
(1) for purposes of IC 9-14-3; and
(2) for which points are assessed by the bureau under the point system.