Montana Code 61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway
61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway. (1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.
Terms Used In Montana Code 61-8-1026
- Alcoholic beverage: means a compound produced for human consumption as a drink that contains 0. See Montana Code 61-8-1001
- Bus: means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver. See Montana Code 61-8-1001
- Camper: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Highway: has the meaning provided in 61-1-101, including the shoulders of the highway. See Montana Code 61-8-1001
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Motor home: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- Open alcoholic beverage container: means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed. See Montana Code 61-8-1001
- Passenger area: means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment. See Montana Code 61-8-1001
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
- Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
(2)This section does not apply to an open alcoholic beverage container:
(a)in a locked glove compartment or storage compartment;
(b)in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;
(c)behind the last upright seat of a motor vehicle that is not equipped with a trunk;
(d)in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or
(e)in the immediate possession of a passenger:
(i)of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or
(ii)in the living quarters of a camper, travel trailer, or motor home.
(3)(a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.
(b)A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver’s record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.