New Jersey’s Open Container Laws: Booze, Drugs, and Your Car

In the Garden State, it’s not just open alcohol containers that can get you into trouble. New Jersey’s tough open container laws cast a wide net, and that includes illegal drugs and even certain prescription medications. Here’s what you need to know about keeping substances legal and illegal out of your passenger compartment while driving in New Jersey.

A Broad Definition: It’s Not Just About Alcohol

New Jersey statutes (Title 39:4-51b) define an open container as any bottle, can, or other receptacle containing an alcoholic beverage that is open, has a broken seal, or where the contents have been partially consumed. This means trouble for any open beers, half-empty wine bottles, or mixed drinks, no matter where they are in your car.

Crucially, the law isn’t limited to alcohol. Drugs and certain medications can land you in hot water too.

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The Issues with Drugs (and Some Prescriptions)

Illegal Drugs: The presence of any open container holding an illegal substance like marijuana, cocaine, heroin, etc., is a serious issue – even if found in the glove box or back seat. It can lead to additional charges beyond a simple traffic violation.
Prescription Medications: Even lawfully prescribed medications can violate the open container law if they are not in their original, labeled container. That loose pill bottle rattling around in your cupholder? That could be a problem.

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Passengers Aren’t Exempt

Unlike some states, New Jersey’s open container law extends to everyone in the vehicle. It doesn’t matter if you’re the driver or riding shotgun; if there’s an open container anywhere that isn’t the trunk, everyone risks being cited.

Penalties: They Can Add Up

First Offense: A $200 fine
Second Offense: A $250 fine or up to 10 days of community service
Third or Subsequent Offenses: Increased penalties

Remember, these are simple traffic violations and don’t usually create a criminal record. However, if drugs are involved, the legal landscape shifts dramatically.

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Protecting Yourself

The Trunk Rule: The only truly safe place for any alcohol or unsealed medications is in the trunk of your car. If it’s not accessible to anyone within the vehicle, you’re usually in the clear.
Original Containers: Keep all prescription medications in their original, labeled containers from the pharmacy.
Don’t Even Think About It: Never have unsealed alcohol or illegal substances anywhere within reach of those inside the car.

The Takeaway

New Jersey’s open container laws are designed to promote safe driving, but their broad nature can catch people off guard. Whether you’re dealing with alcohol, illicit drugs, or even prescriptions, be extremely cautious about what’s in your car and where it’s located. A bit of vigilance keeps you out of trouble on the road – and in the courtroom.

Sources

Section 39:4-51b – Prohibition of open, unsealed alcoholic beverage container or cannabis item in motor vehicle; fine, N.J. Stat. § 39:4-51b | Casetext Search + Citator