811.170
Violation of open container law; penalty. (1) A person commits the offense of violation of the
open container law in a motor vehicle if the person does any of the following:
(a) Drinks any
alcoholic liquor in a motor vehicle when the vehicle is upon a highway.
(b) Possesses on
one’s person, while in a motor vehicle upon a highway, any bottle, can or other
receptacle containing any alcoholic liquor, which has been opened, or a seal
broken, or the contents of which have been partially removed.
(c) Keeps in a
motor vehicle when the vehicle is upon any highway, any bottle, can or other
receptacle containing any alcoholic liquor, which has been opened, or a seal
broken, or the contents of which have been partially removed. The following
apply to this paragraph:
(A) This
paragraph applies only to the registered owner of any motor vehicle or, if the
registered owner is not then present in the vehicle, to the driver of the
vehicle.
(B) This
paragraph does not apply if the bottle, can or other receptacle is kept in the
trunk of the vehicle, or kept in some other area of the vehicle not normally
occupied by the driver or passengers if the vehicle is not equipped with a
trunk.
(C) For purposes
of this paragraph, a utility compartment or glove compartment is considered
within the area occupied by the driver and passengers.
(D) This
paragraph does not apply to the living quarters of a camper or motor home.
(2) The offense
described in this section does not apply to passengers in a motor vehicle
operated by a common carrier and used primarily to carry passengers for hire.
(3) The offense
described in this section, violation of the open container law in a motor
vehicle, is a Class B traffic violation. [1983 c.338 §597; 1985 c.16 §303; 2001
c.827 §10]
DISPOSING OF HUMAN
WASTE
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1986–2023 · leading case:
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
· cites it 9× “In the alternative, defendant argues that the city may not establish a criminal penalty for a violation of that ordinance because BCC 5.”
State v. Dominguez-Martinez, 895 P.2d 306 (Or. 1995).
· cites it 2× “See ORS 811.170 (making it a Class B traffic infraction to keep an open receptacle of liquor in a motor vehicle upon a highway).”
State v. Warner, 844 P.2d 272 (Or. Ct. App. 1992).
· cites it 4× “Although defendant was not formally arrested at the scene, the officers had probable cause to arrest him for an open container violation, ORS 811.170, and for possession of methamphetamine.”
State v. Porter, 817 P.2d 1306 (Or. 1991).
· cites it 2× “1 ORS 811.170 provides in part: “(1) A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following: * * * % * * “(c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can, or other…”
State v. Porter, 494 P.3d 988 (Or. Ct. App. 2021).
· cites it 2× “123(5)(a), the record is insufficient to support the trial court’s determination that defen- dant evinced an intent to commit more than one offense and that, under ORS 137.”
State v. Isley, 48 P.3d 179 (Or. Ct. App. 2002).
· cites it 2× “010, and violation of the open container law, ORS 811.170. Defendant assigns error to the trial court’s denial of his motion to suppress evidence, arguing that the underlying stop for a traffic violation was unsupported by probable cause.”
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
“The open container law makes it an offense when, among other things, a person possesses an open container of alcohol “in a motor vehicle upon a highway” and does not expressly state that the vehicle has to be operating or moving on the highway at the time.”
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083 conflicted with, and was impliedly preempted by, ORS 811.170 (prohibiting open containers in cars on public highways).”
State v. Kimsey, 47 P.3d 916 (Or. Ct. App. 2002).
“010, reckless driving, ORS 811.170, and failure to perform the duties of a driver, ORS 811.”
State v. Horton, 738 P.2d 609 (Or. Ct. App. 1987).
“ORS 811.170. Under these facts, Markee could reasonably conclude that defendant had committed an “open container” infraction in his presence.”
State v. Vinh Ba Nguyen, 212 P.3d 1284 (Or. Ct. App. 2009).
· cites it 2× “, ORS 811.170(1)(b) (making it unlawful for a person to possess an open container of alcoholic liquor while in a motor vehicle on a public highway).”
State v. Lopez-Vega, 826 P.2d 48 (Or. Ct. App. 1992).
· cites it 2× “010, violation of the open container law, ORS 811.170, and driving uninsured. ORS 806.”
— Or. Rev. Stat. § 811.170(1)(b) — 2 cases
State v. Aguilar, 478 P.3d 558 (Or. Ct. App. 2020).
“The open container law makes it an offense when, among other things, a person possesses an open container of alcohol “in a motor vehicle upon a highway” and does not expressly state that the vehicle has to be operating or moving on the highway at the time.”
State v. Vinh Ba Nguyen, 212 P.3d 1284 (Or. Ct. App. 2009).
“, ORS 811.170(1)(b) (making it unlawful for a person to possess an open container of alcoholic liquor while in a motor vehicle on a public highway).”
— Or. Rev. Stat. § 811.170(3) — 1 case
— Or. Rev. Stat. § 811.170(l)(b) — 1 case
State v. Vinh Ba Nguyen, 212 P.3d 1284 (Or. Ct. App. 2009).
“, ORS 811.170(1)(b) (making it unlawful for a person to possess an open container of alcoholic liquor while in a motor vehicle on a public highway).”
— Or. Rev. Stat. § 811.170(l)(c) — 2 cases
State v. Porter, 817 P.2d 1306 (Or. 1991).
“1 ORS 811.170 provides in part: “(1) A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following: * * * % * * “(c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can, or other…”
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