VC 23222 – Open Container
Introduction
California Vehicle Code (VC) Section 23222 addresses specific offenses related to the possession of open containers of alcohol or marijuana in a vehicle. Although it does not directly relate to driving under the influence (DUI), VC 23222 is often associated with DUI cases, as the presence of an open container or marijuana can influence the outcome of a DUI investigation or charges. In this article, we will present the exact text of VC 23222 and then provide an overview of its implications, particularly in the context of DUI cases.
Legal Language of VC 23222
California Vehicle Code Section 23222:
- VC 23222(a): Except as authorized by law, no person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
- VC 23222(b): Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in Section 23220, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined in Section 11006.5 of the Health and Safety Code, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).
Overview of the Criminal Charge
1. VC 23222(a): Open Container of Alcohol in a Vehicle
VC 23222(a) makes it illegal for a driver to possess an open container of alcohol in a vehicle while driving. This includes any bottle, can, or receptacle containing an alcoholic beverage with the seal broken or contents partially consumed. The statute aims to prevent drivers from consuming alcohol while operating a vehicle and to reduce the risk of impaired driving.
Implications in DUI Cases:
- Influence on DUI Charges: If a driver is found with an open container of alcohol during a traffic stop or DUI investigation, it can be used as evidence of potential intoxication. While having an open container alone does not prove DUI, it may lead to further scrutiny, field sobriety tests, or breathalyzer tests.
- Penalties: Violating VC 23222(a) is typically an infraction, punishable by a fine. However, it can be considered an aggravating factor in a DUI case, potentially leading to harsher penalties if combined with DUI charges.
2. VC 23222(b): Possession of Marijuana in a Vehicle
VC 23222(b) addresses the possession of small amounts of marijuana while driving. Specifically, it is illegal to possess more than one ounce of marijuana in a vehicle, except as authorized by law (such as for medical purposes).
Implications in DUI Cases:
- Marijuana DUI: While possession of marijuana is legal in California in certain quantities, driving under the influence of marijuana remains illegal. If a driver is found with marijuana in the vehicle and exhibits signs of impairment, they may be charged with a marijuana DUI under VC 23152(f).
- Penalties: Like VC 23222(a), violating VC 23222(b) is generally an infraction, punishable by a fine. However, it can complicate a DUI case, as the presence of marijuana may lead to additional charges or increased penalties if the driver is also found to be impaired.
3. Exceptions and Legal Defenses
There are exceptions to VC 23222 that may apply in specific cases. For example, individuals with a valid medical marijuana card may possess marijuana in a vehicle, provided it is not being used while driving. Similarly, alcohol may be transported in a vehicle if it is unopened or securely stored in the trunk or a compartment not accessible to the driver or passengers.
Legal Defenses:
- No Probable Cause: A defense attorney may argue that law enforcement lacked probable cause to search the vehicle or that the open container or marijuana was not within the driver’s immediate control.
- Medical Use: If the marijuana was possessed legally for medical purposes, this could be a valid defense against charges under VC 23222(b).
Conclusion
California Vehicle Code Section 23222 plays an important role in maintaining public safety by prohibiting the possession of open containers of alcohol and certain amounts of marijuana in vehicles. While these charges are typically infractions, they can have significant implications in DUI cases, particularly when used as evidence of potential impairment. Understanding the nuances of VC 23222 and its relationship to DUI law is essential for both drivers and legal practitioners in California.