§ 54-407. Alcoholic beverages in motor vehicles.

(a)

No operator of, or passenger in or on a motor vehicle shall possess, when such vehicle is upon a street or highway, any alcoholic beverage in an open container.

(b)

No operator of a motor vehicle, when such motor vehicle is upon a street or highway, shall allow to be transported, carried or possessed in the vehicle any alcoholic beverage in an open container.

(c)

The term "open container" means and includes a bottle, can, cup or other receptacle which has been opened, or on which a seal or stamp has been broken, or from which the contents have been partially removed. In addition, the term also includes any cup or container without lids or seals, or with lids or seals but with straws protruding therefrom, or with only partial lids or seals.

(d)

The provisions of this section, shall not apply to the following:

(1)

Persons operating or occupying a motor vehicle who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers, provided that such operators or passengers do not consume such alcoholic beverages.

(2)

Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162.

(3)

Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2.

(4)

Passengers of a self-contained motor home which is in excess of 21 feet in length.

(5)

Possession of an open container of alcoholic beverage in the trunk of a motor vehicle.

(6)

If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages:

a.

In a locked glove or utility compartment; or

b.

In an area of the vehicle not normally occupied by and not readily accessible to the driver or passengers.

(e)

Whoever violates the provisions of this section shall be fined not more than $200.00.

(f)

The observance of a glass, cup, or other container which, on its face, does not indicate that the container contains an alcoholic beverage, shall not, absent other circumstances, constitute probable cause for a law enforcement officer to stop and question a person.

(g)

If a person under 18 years of age who is a child as defined in article 603 of the Louisiana Children's Code is charged with a violation of this section, the department of police shall file a report with the district attorney and shall request an investigation to determine whether the child is in need of care of the purposes of article 606 of the Louisiana Children's Code.

(Code 1956, § 42-98.1)

Cross reference

Alcoholic beverages, ch. 10; traffic and vehicles, ch. 154.