West Virginia § 17C-5D-3 Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties

West Virginia Statutes

§ 17C-5D-3 — Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties

West Virginia·Ch. 17C TRAFFIC REGULATIONS AND LAWS OF THE ROAD·Art. 5D OPEN CONTAINER LAWS

(a)It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest.

(b)It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.

(c)The provisions of this section are not applicable to a passenger:

(1)In the passenger area of a motor vehicle de

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(a) It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest.

(b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.

(c) The provisions of this section are not applicable to a passenger:

(1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or

(2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.

(d) A person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100.

West Virginia § 17C-5D-3 (Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.