§ 1227. Consumption or possession of alcoholic beverages in certain
1. The drinking of alcoholic beverages or consumption of cannabis, or the
possession of an open container containing an alcoholic beverage, in a
motor vehicle located upon the public highways or right-of-way public
highway is prohibited. Any operator or passenger violating this section
shall be guilty of a traffic infraction.
The provisions of this section shall not be deemed to prohibit the drinking
of alcoholic beverages, the consumption of cannabis by means other than
burning, or the possession of an open container containing an alcoholic
beverage by passengers in passenger vehicles operated pursuant to a certificate
or permit issued by the department of transportation or the United States
department of transportation. Furthermore, the provisions of this section
shall not be deemed to prohibit the
possession of wine which is: (a) resealed in accordance with the provisions
of subdivision four of section eighty-one of the alcoholic beverage control
law; and (b) is transported in the vehicle's trunk or is transported
behind the last upright seat or in an area not normally occupied by the
driver or passenger in a motor vehicle that is not equipped with a trunk.
2. For the purposes of this section, a passenger vehicle shall mean a
vehicle designed to carry ten or more passengers and used to carry passengers
for profit or hire.
If you are smoking or using marijuana in a car or other motor vehicle and
this comes to the attention of the police, you may get charged with this
offense. Often, the police will give you a pink colored
criminal court appearance ticket (summons) directing you to appear in criminal court. If you or a loved
one has been charged with using marijuana or consuming alcohol in a motor vehicle,
contact us for a consultation.