Section 24I. (a) As used in this section, the following words shall have the following meanings:
''Open container,'' a bottle, can or other receptacle used to contain a liquid that has been opened or has a broken seal or the contents of which have been partially removed or consumed; provided, however, that a bottle resealed pursuant to section 12 of chapter 138 shall not be considered an open container; provided further, that a resealed bottle shall not be transported in the passenger area.
''Passenger area,'' the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.
(b) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possesses an open container of alcoholic beverage in the passenger area of any motor vehicle shall be punished by a fine of not less than $100 nor more than $500.
(c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer.
(d) Notwithstanding this section, the driver of any motor vehicle, including but not limited to a house coach or house trailer, shall not possess an open container of alcoholic beverage.
Notes of Decisions
Cited in
11
cases (
8 in the last 5 years), 2005–2025 · leading case:
Commonwealth v. Davis, 823 N.E.2d 411 (Mass. App. Ct. 2005).
Commonwealth v. Davis, 823 N.E.2d 411 (Mass. App. Ct. 2005).
“G. L. c. 90, § 24I. The defendant does not dispute the sufficiency of the evidence used to arrest and convict her.”
Commonwealth v. Musick, 94 N.E.3d 439 (Mass. App. Ct. 2017).
“90, § 20, and possession of an open container of alcohol in the passenger area of a motor vehicle, see G. L. c. 90, § 24I. The admission of witness testimony falls within the sound discretion of the trial judge.”
Commonwealth v. Montalvo, 103 N.E.3d 770 (Mass. App. Ct. 2018).
“89, § 4A, and open container of alcohol, G. L. c. 90, § 24I. The defendant stipulated to operation and public way.”
Commonwealth v. Rosa, 491 Mass. 369 (2023).
“90, § 24 (2) (a); possession of an open container of alcohol in a motor vehicle, G. L. c. 90, § 24I; and a marked lanes violation, G.”
Commonwealth v. Waite, 102 Mass. App. Ct. 578 (Mass. App. Ct. 2023).
“89, § 4A, and possession of an open container of alcohol in a motor vehicle, see G. L. c. 90, § 24I. 3 The defendant told Trooper Hayes that while he was driving, he swerved to avoid an animal and hit the curb.”
Commonwealth v. Parecklis Rocha., No. 22-P-0514 (Mass. App. Ct. Oct. 20, 2023).
“90, § 25; and possession of an open container of alcohol in a motor vehicle, G. L. c. 90, § 24I. could have found the essential elements of the crime beyond a reasonable doubt.”
Commonwealth v. Kenneth D. Dwyer., 250 N.E.3d 581 (Mass. App. Ct. 2025).
“90, § 17; and possession of an open container of alcohol, G. L. c. 90, § 24I. The defendant pleaded guilty in District Court to the OUI charge.”
Commonwealth v. Raymond Melvin., 257 N.E.3d 882 (Mass. App. Ct. 2025).
“90, § 24 (1) (a) (1); possession of an open container of alcohol, G. L. c. 90, § 24I; and a marked lanes violation, G.”
Commonwealth v. Patrick J. O'shea., 261 N.E.3d 918 (Mass. App. Ct. 2025).
“90, § 23, and possession of an open container of alcohol in a motor vehicle, in violation of G. L. c. 90, § 24I. After the jury convicted the defendant of OUI, the judge convicted him of the subsequent (third) offense portion of the OUI charge and operating with a license…”
Commonwealth v. Michael J. Wurtzberger, 260 N.E.3d 315 (Mass. 2025).
“90, § 23, was dismissed at the Commonwealth's request, and the judge found the defendant not responsible as to the charge of possessing an open container of alcohol in a motor vehicle, see G. L. c. 90, § 24I. [7] Because the defendant did not offer evidence in rebuttal regarding…”
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