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VTL 1227 - Alcohol or Marijuana in a car

§ 1227. Consumption or possession of alcoholic beverages in certain motor vehicles.

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.

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Arrested or contacted by NYPD? Contact us today. Call or text: (212) 619-3900

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