Keansburg New Jersey Criminal Defense Lawyers
The Iler Law Firm represents clients charged with driving while intoxicated (DWI), driving with a suspended license, possession of drug paraphernalia, and possession of marijuana throughout New Jersey including in Little Silver, Rumson, Aberdeen, and Keansburg. Our criminal defense lawyers are available immediately to provide a free initial consultation. Please call (732)842-7787 for assistance.
Consumption of Alcoholic Beverage in a Motor Vehicle: N.J.S.A. 39:4-51(a)
In New Jersey, a ticket for consumption of an alcoholic beverage in a motor vehicle by a driver or a passenger is issued under N.J.S.A. 39:4-51(a) which provides:
§ 39:4-51a. No consumption of alcoholic beverages in motor vehicles; presumption; penalties
a. A person shall not consume an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S. 48:4-1 or a limousine service.
b. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken or a container such as a glass or cup.
c. For the first offense, a person convicted of violating this section shall be fined $ 200.00 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $ 250.00 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.
Open Container of Alcohol in a Motor Vehicle: N.J.S.A. 39:4-51(b)
In New Jersey, a summons for possession of an open container of alcohol in a motor vehicle is issued under N.J.S.A. 39:4-51(b) which provides:
§ 39:4-51b. Prohibition of possession of open, unsealed alcoholic beverage container, circumstances
a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S. 48:4-1 or a limousine service.
b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term "open or unsealed" shall mean a container with its original seal broken or a container such as a glass or cup
c. For a first offense, a person convicted of violating this section shall be fined $ 200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $ 250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.
