Anything more than five feet eleven inches high is over my head.

But you are ABSOLUTELY RIGHT in that the open container law does not specifically require drinking while driving to be violated. It forbids driving while able to be drinking under the assumption the open container is open for the purpose of drinking. It’s shameful how distrustful the legislators are.

They even assume you were or intended to drive down the road if you are simply there per “It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.”

I failed to address that extremely important nuance as well even though it also includes the consumption as prohibited.

Thank you for your correction.

David grateful beyond the ability of words to convey

Ah, but an empty container isn’t considered an open container per “which is immediately capable of being consumed from”. If you can’t drink from a dry well, you also can’t drink from an empty can.

David contemplating nuances of the law

“It means it is against the law to drive down the road while drinking alcoholic beverages.”

I believe that you stated “drive down the road while drinking alcoholic beverages.”

I was merely commenting on your remark that about driving down the road.

Do you get it now or is it still over your head?

If I ever take up drinking or hauling drunks, I’ll keep it in mind. In the mean time I wonder how many actually think the gentleman was perfectly sober when he was doing all that?

David acknowledging
I only posted part of the Florida law
but enough for our purposes

Regarding Jerry A:“ you do not have to be drinking the alcohol to be charged with an open container. You can have a bottle that has been in your vehicle for 6 months and as long as the seal is broken you can be charged”.
You are right!
An open container means if the seal is broke regardless if you are consuming it or not.
If it is in your possession you will be charged.

It means it is against the law to drive down the road while drinking alcoholic beverages. ( violated per “He was also issued a traffic citation for an open container in his vehicle.”) Please do not do so.

http://archive.flsenate.gov/statutes/index.cfm?m&App_Mode=Display_Statute&Search_String=&URL=Ch0316/Sec1936.htm&StatuteYear=2004
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.–
(1) As used in this section, the term:
(a) “Open container” means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.
- – -
(2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.
- – -
(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.

David for safe drivers,
closed containers,
non-brandished knives,
covered privates