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Tell me about the motor vehicle charge of "open container". What are the penalties, and what exactly is this charge all about? There are mandatory penalties for violation of N.J.S.A. 39:4-51a. For a first offense, the fine is $200. For a second or subsequent offense, the fine is $250 or community service for 10 days. You should be aware that the violation is technically not "open container", but "Consumption of alcoholic beverage by operator or passenger". The police usually write "open container" on the ticket because it's easier and shorter. The fact that you have an open container in the car creates a presumption that you consumed an alcoholic beverage. This is a rebuttable presumption, however. You could be acquitted of the charge if you didn't actually "consume" the beverage while operating the motor vehicle or being in it while it was being operated. Are there any points assessed against my driver's license for an "open container" charge? There are no points assessed for a violation of this statute.
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