Home  > For Everyone  > Transportation  > {More Transportation Topics}  > Motor Vehicle Laws  > North Dakota Code 39-08-18 - Open container law - Penalty 
Search the North Dakota Century Code

North Dakota Code 39-08-18 - Open container law - Penalty

North Dakota Code > Title 39 > Chapter 39-08 > § 39-08-18 - Open container law - Penalty


Current as of: 2009

       1.    A person may not drink or consume alcoholic beverages, as defined in section 5-01-01, in or on any motor vehicle when the vehicle is upon a public highway or in an area used principally for public parking. A person may not have in that person's possession on that person's person while in or on a private motor vehicle upon a public highway or in an area used principally for public parking, any bottle or receptacle containing alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed. It is unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in or on the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway or in an area used principally for public parking any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment must be deemed to be within the area occupied by the driver and passengers. This subsection does not prohibit the consumption or possession of alcoholic beverages in a house car if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion. Any person violating this subsection must be assessed a fee of fifty dollars; however, the licensing authority may not record the violation against the person's driving record unless the person was the driver of the motor vehicle at the time that the violation occurred.

       2.    Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction. This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking.

previous sectionChapter 39-08 Table of Contentsnext section
Previous sectionChapter 39-08 Table of ContentsNext section

________________________________________________________________________

Questions & Answers: Motor Vehicle Laws

I want a know,if I have a chance of obtaining a driver's license,even when my license was revoked back in 1998.And ever since I wasn't able to drive.My question is is there a new l...
Do Not For Hire Wrecker Drivers Still Have To Comply With These Laws....
When 2 people are backing out of driveway and left car backs into right who is at fault...
someone please help!!I was eligibnle to get my license back on march 21st, however it will cost me 675 dollars to get them reinstated..i am currently working with DCS to get my kid...
I know the law says you have to wear a seatbelt, but is it written anywhere HOW you have to wear the seatbelt ? If the shoulder belt is pulled loose from the body is it not conside...
I made a mistake and overlook a do not enter sign. I realized that immediately but a police saw me. He gave me a N.J.S.A. 39:4-120.9. What is the penalty? ...

See also:

North Dakota Code > Title 39 - Motor Vehicles

U.S. Code Provisions: Motor Vehicle Laws

U.S. Code > Title 49 > Subtitle VI - Motor Vehicle And Driver Programs
U.S. Code > Title 15 > Chapter 38 - Traffic And Motor Vehicle Safety
Comments (2)add comment
monte: ...
is this considered a traffic offense or a criminal offense?
1

July 05, 2013
monte: ...
traffic violation*
2

July 05, 2013

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

David M. McCormick
Newport News Family Law and Bankruptcy Attorney

One Oyster Point 827 Diligence Drive, Suite 200
Newport News, Virginia 23606
Practice Areas: Family Law, Debt and Bankruptcy, Divorce, Adoption, Traffic Law Violations
www.dmmlegal.com/
Stafford and Herrick, Attorneys at Law
Virgina Beach, VA Bankruptcy and DUI Lawyers

281 Independence Boulevard Pembroke One Suite 224
Virginia Beach, Virginia 23462
Practice Areas: Driving While Intoxicated
www.staffordandherrick.com/
monotone-frail