PETER F. IOCONA - ATTORNEY AT LAW
ORANGE COUNTY'S "BEST" DUI LAWYERS

CALL NOW: 949-305-0343 - FREE CONSULTATION - PAYMENT PLANS

OPEN CONTAINER ENHANCEMENT


CONTACT US TODAY


ATTORNEY BIOGRAPHIES


 
CLIENT REVIEWS &
PEER-REVIEW RATINGS



FOLLOW OUR DUI BLOGS


GOOGLE BLOGGER

OC DUI Lawyer Blog


GOOGLE BUSINESS PAGES


PETER F. IOCONA
ATTORNEY AT LAW

22982 LA CADENA DR #239
LAGUNA HILLS, CA. 92653




THE SOCAL LAW NETWORK

23152 VERDUGO DR #201
LAGUNA HILLS, CA. 92653

 



SHARE AND FOLLOW US ON SOCIAL MEDIA:

  


  



ALAN CASTILLO AND PETER F.  IOCONA BOTH SELECTED AS ONE OF ORANGE COUNTY'S TOP-RATED DEFENSE ATTORNEYS

Top-Rated OC DUI Attorney


PETER F. IOCONA: RATED BY "SUPER LAWYERS" 2015-2016


Super Lawyer Rated - Peter F. Iocona


PETER F. IOCONA SELECTED AS ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION


Top 100 Trial Lawyers - Peter F. Iocona



PETER F. IOCONA SELECTED AS ONE OF THE TOP CRIMINAL DEFENSE ATTORNEYS





PETER F. IOCONA SELECTED AS ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Peter F. Iocona - Top One Percent Rated Attorney


PETER F. IOCONA SELECTED AS A MEMBER OF THE NATIONAL ADVOCACY OF DUI DEFENSE


Nationally Ranked Superior DUI Attorney


FEATURED IN THE "TOP 100" MAGAZINE AS ONE OF THE NATION'S TOP 100 LAW FIRMS



 "MEMBER" OF THE CALIFORNIA DUI LAWYERS ASSOCIATION


DUI Defense Lawyer - California DUI Lawyers Association


"MEMBER" OF THE NATIONAL COLLEGE FOR DUI DEFENSE


DUI Lawyer - National College for DUI Defense


"MEMBER" OF THE DUI DEFENSE LAWYERS ASSOCIATION (DUIDLA)


DUI Defense Lawyer - DUIDLA Member

  
ALAN CASTILLO SELECTED AS 
ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION



Top 100 Trial Lawyers - Alan Castillo


ALAN CASTILLO SELECTED AS 
ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Alan Castillo - Top One Percent Rated Attorney



FORMER CONTRIBUTING EDITORS TO "CALIFORNIA DRUNK DRIVING LAW "
(2003-2016)


California Drunk Driving Law - Contributing Editors (2003-2016)



LAWYER LEGION COMMUNITY INVOLVEMENT AWARD 


Lawyer Legion - Top Attorney



"LEAD COUNSEL" RATED DEFENSE ATTORNEYS


Lead Counsel Rated Orange County DUI Attorneys



 LAWYER.COM VERIFIED DEFENSE ATTORNEYS





 BETTER BUSINESS BUREAU RATED "A+"


BBB Top Rating - Top-Rated DUI Attorneys



EVERY ATTORNEY IS RATED "10/10" OR "SUPERB" BY AVVO ATTORNEY RATING SERVICE


Peter F. Iocona - Top-Rated Orange County DUI Lawyer

PETER F. IOCONA RATED "SUPERB" "10/10" BY AVVO



Peter F. Iocona - Best Orange County DUI Lawyer

PETER F. IOCONA RECEIVED "CLIENT'S CHOICE AWARD" 
FROM AVVO RATING SERVICE


Peter F. Iocona - Top Orange County DUI Attorney

 PETER F. IOCONA AWARDED 
"TOP CONTRIBUTOR" BY AVVO





ALAN CASTILLO RATED "SUPERB" BY AVVO





 
ALAN CASTILLO RECEIVED "CLIENTS' CHOICE AWARD" 
FROM AVVO RATING SERVICE





 MARLO CORDERO RATED
"SUPERB" BY AVVO


CALL NOW FOR A FREE DUI CONSULTATION:


Click to call

ON-CALL 24 HOURS A DAY 7 DAYS A WEEK

SHARE AND FOLLOW US ON SOCIAL MEDIA:


  


  


OPEN CONTAINER ENHANCEMENT

RATED BY SUPER LAWYERS, ORANGE COUNTY'S TOP-RATED DUI DEFENSE ATTORNEYS

Peter F. Iocona - Top 100 Trial LawyersPeter F. Iocona - Super Lawyers Rated Orange County DUI Lawyer  Peter F. Iocona - Top-Rated DUI Criminal Defense Attorney
 Peter F. Iocona - Top-Rated Orange County DUI Defense Attorney

The open container offenses are summarized below. When defending against one of these charges, be sure to carefully read and understand the elements of these various offenses. They are all infractions, except for §23224, which is a misdemeanor (possession of pot is also a misdemeanor under VC § 23222(b), but that is not an open container). Note the definitions for the various elements below.

CVC § 23220: No “person” shall drink any “alcoholic beverage” while driving a motor vehicle upon any “highway” or on any “lands.”

CVC § 23221: No “driver” or “passenger” shall drink any “alcoholic beverage” while in a motor vehicle upon a “highway.”

CVC § 23222(a): No possession “on his or her person,” while driving, motor vehicle, on highway, any container, with seal broken, with alcohol in it.

CVC § 23222(b): No possession, while driving, on highway, less than 1 oz. marijuana is a MISDEMEANOR (fine up to $100, plus repeat offender provisions).

CVC § 23223: No “driver” or “passenger” shall have in his or her possession, while in motor vehicle, on highway, any container, with seal broken, with alcohol in it.

CVC § 23224(a): No “person under the age of 21,” knowingly, while driving, carry alcohol, except with or under direction of parent or designated adult, or for employment.

CVC § 23224(b): No “person under the age of 21,” while in motor vehicle, knowingly, possess or under control, alcohol, except with or under the direction of parent or designated adult, or for employment.

CVC § 23224(c): 1 to 30 days discretionary impoundment of offender’s vehicle.

CVC § 23224(d): One-year suspension under CVC § 13202.5.

CVC § 23224(e) (a) and (b): are all MISDEMEANORS (up to $1,000.00 fine and six months county jail).

CVC § 23225: No registered owner present or driver, may keep, in motor vehicle, on highway or on lands, any container, with seal broken, with alcohol in it, except in trunk. (Or an area not normally occupied by driver or passengers, if no trunk. Glove compartment is a no no. Living quarters of house-car or camper are considered acceptable; however, every case is factually sensitive).

NOTE: A third or subsequent violation of this offense committed by the driver of avehicle-for-hire (e.g., a party bus or limousine) is a misdemeanor.

Vehicle Code § 23226: No keeping, in passenger compartment, of motor vehicle, on a highway or lands, any container, with seal broken, with alcohol in it; but living quarters of a housecar or camper is acceptable.

Vehicle Code § 23229 & Vehicle Code § 23229.1: Commercial exceptions relating to buses, taxi cabs, and limousines.

Definitions Relating to Various Elements:

“Alcoholic Beverage” = According to CVC §109, it includes “any liquid or solid material intended to be ingested by a person which contains ethanol....” However, Bobus v. DMV (2004) 125 Cal.App.4th 680, declined an opportunity to find that the legislature actually intended this broad definition to apply to the open container statutes. Id., at 685. The appellant in Bobuspointed out that under this literal interpretation, a person could be found in violation of the open container laws for having an unsealed bottle of cough syrup in their car.

“Driver” = “[A] person who drives or is in actual physical control of a vehicle.” CVC § 305. Note that volitional movement of a motor vehicle is not required for this offense. Cf., Mercer v. DMV (1991) 53 Cal.3d 753 (volitional movement required for drunk driving offense).

“Driving” = Not specifically defined. See definition for “driver” above.

“Highway” = “[A] way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.” CVC §360.

“Lands” = “those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.” CVC § 23220(b). CVC § 38001 reads as follows:

(a)          Except as otherwise provided, this division applies to off-highway motor vehicles, as defined in Section 38006, on lands, other than a highway, which are open and accessible to the public, including any land acquired, developed, operated, or maintained, in whole or in part, with money from the Off-Highway Vehicle Fund, except private lands under the immediate control of the owner or his agent where permission is required and has been granted to operate a motor vehicle. For purposes of this division, the term “highway” does not include fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted.

(b)          Privately owned and maintained parking facilities that are generally open to the public are exempt from this division, unless the facilities are specifically declared subject to this division by the procedure specified in Section 21107.8.

That’s a confusing and seemingly incomprehensible mouthful to say the least; but let’s see if we can give it some meaning.

First off, we notice that the language which refers to off-highway vehicles is irrelevant to our consideration, so we can eliminate it.

We also notice the phrase:

...including any land acquired, developed, operated, or maintained, in whole or in part, with money from the Off-Highway Vehicle Fund, except private lands under the immediate control of the owner or his agent where permission is required and has been granted to operate a motor vehicle....

This is redundant since everything described in it is already included or excluded from the coverage of the statute by the phrase:

...lands, other than a highway, which are open and accessible to the public....

We can eliminate it too.

Also, since we are already talking about lands other than a “highway” that are nevertheless included in the specified open container laws, we can eliminate that phrase from the language we use to describe the additional lands those statutes cover.

Similarly, we can eliminate the second sentence of subdivision (a), since it merely states an exception to the “lands other than a highway” that we have excluded from consideration.

After eliminating all the unnecessary language we are left with:

Lands which are open and accessible to the public, unless they are a privately owned and maintained parking facility.

And that is which lands, other than a “highway”, that are added to the specified open container laws. So now, when one is considering popping the top on a cool one, one must determine not only that the property is privately owned, but that it is also not open to the public.

DIRECTIONS TO PETER F. IOCONA - ATTORNEY AT LAW IN LAGUNA HILLS















Website Builder