California Codes
Cal. Vehicle Code § 23223 (2026)
✓ current as of May 2026
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(a)A driver shall not have in the driver’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b)A passenger shall not have in the passenger’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1987–2023 · leading case: People v. Ramirez, 96 Cal. Daily Op. Serv. 602 (Cal. Ct. App. 1996).
People v. Ramirez, 96 Cal. Daily Op. Serv. 602 (Cal. Ct. App. 1996). “Thus, although the officers may have observed a potential Vehicle Code violation in plain view as they approached the car, which they would have been entitled to investigate, it is unclear what role the beer cans played in the decision to detain, or what weight they may be given…”
Sulla v. Bd. of Registered Nursing, 205 Cal. App. 4th 1195 (Cal. Ct. App. 2012). “(b)) or having an open container of alcohol in a vehicle (Veh. Code, § 23223, subds. (a) & (b)), all minor offenses that would typically bear no relationship to a nurse’s professional qualifications.”
People v. Lopez, 197 Cal. App. 3d 93 (Cal. Ct. App. 1987). “” *99 Vehicle Code section 23223 provides: “No person shall have in his or her possession on his or her person, while in a motor vehicle upon a highway, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the…”
People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990). “) Vehicle Code section 23223 states that [“n]o person shall have in his or her possession on his or her person, while in a motor vehicle upon a highway, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the…”
United States v. Phillips, 9 F. Supp. 3d 1130 (E.D. Cal. 2014). “Officer Boyce illuminated the interior of Defendant’s passenger compartment, and observed a one-quarter full bottle of Hennessey on the passenger side rear floorboard, in violation of California Vehicle Code section 23223. However, according to Defendant, it would have been…”
Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “Code § 23222 ; Cal. Veh. Code § 23223 ; Cal. Veh. Code § 23226 ; Colo.”
People v. Wilson CA2/2 (Cal. Ct. App. 2016). “” (Veh. Code, § 23223, subd. (b).) Thus, we easily conclude that the detention was lawful.”
People v. Wood CA2/5 (Cal. Ct. App. 2020). “3d 93—a case that holds a detention based on Vehicle Code section 23223 was not justified because the defendant was in a car in the parking lot of a public park, which did not fall within the definition of “highway” for purposes of that section.”
People v. Romero CA2/6 (Cal. Ct. App. 2021). “(a)), and driving with an open container (Veh. Code, § 23223, subd. (b)). He also previously committed offenses similar to those committed against B.”
P. v. Denning CA4/1 (Cal. Ct. App. 2013). “(b)) and possession of an open container in a motor vehicle (Veh. Code, § 23223). It was also found that Denning personally inflicted great bodily injury (Pen.”
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