Having an open container of an alcoholic beverage in a vehicle while it is on a highway, even if the driver is not drinking.
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
This violation occurs when you have an open or previously opened container of alcohol anywhere accessible in your vehicle while on a public road. It doesn't matter if you weren't drinking—simply having an unsealed bottle of wine or a can of beer within reach is enough to receive this ticket.
The fine is approximately $250 with court fees, but no DMV points are added to your record. While this won't directly increase your insurance rates through points, insurance companies may still view alcohol-related violations unfavorably if they discover it during underwriting reviews.
This violation adds no DMV points, so it won't trigger automatic insurance increases through the standard point system. However, some insurers review driving records for any alcohol-related incidents during policy renewals or new applications, which could affect your rates or eligibility.
No person shall have in their possession on any highway any bottle, can, or other receptacle containing any alcoholic beverage which has been opened or has a seal broken.
After a party, you placed a half-empty bottle of wine on the back seat floor to bring home. An officer spotted it during a routine stop.
Cited under CVC 23222(a) because the open container was in the passenger area, even though you weren't drinking.
You stored an unopened six-pack in your trunk, but one can had a small puncture from rough handling.
Could potentially be cited since even a damaged seal may constitute an 'opened' container, though trunk storage provides a defense.
A passenger left an empty beer can under the seat from a previous trip. You were unaware it was there.
Driver can still be cited since the open container was present in the vehicle, regardless of knowledge or who opened it.
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Container was in the trunk or locked area
California law specifically exempts open containers stored in the trunk or a locked glove compartment. If you can demonstrate the container was in such a location, this is a complete defense.
Container was still sealed
The law requires the container to be open or have a broken seal. If you can prove the container was factory-sealed and completely unopened, the violation does not apply.
Vehicle was not on a highway
CVC 23222(a) applies only on highways and public roads. If you were on private property or a non-highway location, this may serve as a valid defense.
Container was in original packaging
Wine bottles or liquor with intact manufacturer seals, even if previously purchased, may not meet the 'opened' requirement if the seal remains unbroken.
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Yes. CVC 23222(a) does not require you to be drinking or intoxicated. Simply having an open container accessible in your vehicle is enough for a citation, regardless of your sobriety.
The driver can still be cited even if a passenger owns or opened the container. Additionally, passengers can receive separate citations under CVC 23221 for possessing open containers.
No. There is an exception for passengers in vehicles operated for hire, such as taxis, limousines, and rideshare services. However, the driver of such vehicles still cannot possess open containers.
Yes, but only if stored in the trunk or a locked container. California allows restaurants to re-cork wine, but you must transport it in a location not accessible to the driver or passengers.
Yes, the violation will appear on your DMV record even though it carries no points. It may be visible to insurance companies and employers who run driving record checks.
CVC 23222(a) is a simple infraction for having an open container, regardless of impairment. CVC 23152 is the actual DUI charge, which requires proof of impaired driving and carries far more serious criminal penalties.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
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