(a)It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any 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)It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any 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.
(c)This section does not apply to the living quarters of a housecar or camper.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1990–2023 · leading case:
People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990).
People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990).
“In addition, Vehicle Code section 23226 prohibits any person from keeping in the passenger compartment, when the vehicle is upon any highway, any container, containing any alcoholic beverage, which has been opened.”
Davis v. App. Div. of the Superior Court (Cal. Ct. App. 2018).
“(a) & (b)) and having an open container of alcohol in his car (Veh. Code, § 23226). 2. The Motion to Suppress Davis pleaded not guilty to both charges and then moved to suppress evidence.”
Davis v. Appellate Div. of the Superior Court of L. A. Cnty., 232 Cal. Rptr. 3d 665 (Cal. Ct. App. 5th 2018).
“(a) & (b) ) and having an open container of alcohol in his car ( Veh. Code, § 23226 ). 2. The Motion to Suppress Davis pleaded not guilty to both charges and then moved to suppress evidence.”
The People v. Nyland CA3 (Cal. Ct. App. 2013).
“(a)), and driving with an open alcoholic beverage container (Veh. Code, § 23226). Calaveras County Case No.”
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