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5 answers

Section 154 of 23 U.S.C.:

In 1998, as part of the Transportation Equity Act for the 21st Century (TEA-21).

Restoration Act, a new Federal program was established to encourage States to adopt laws that prohibit the possession and consumption of alcoholic beverages in the passenger areas of a motor vehicle (23 USC 154).

Commonly referred to as "open container laws," if a State does not achieve compliance with the Federal program requirements, a portion of that State"s federal-aid highway construction funds will be redirected to the State"s Section 402 appropriation. Transferred funds may be used only for alcohol-impaired driving countermeasures, enforcement of drunk driving laws or the State"s hazard elimination program under Section 152.

Based upon the research done when attempting to answer your question, it appears that one can be issued a citation (summons) or arrested!

A traffic summons is actually an arrest yet your signature on the summons is your promise to appear in court instead of actually going to jail. So...either way...it's an arrestable offense!

Best wishes!

2007-02-27 03:35:56 · answer #1 · answered by KC V ™ 7 · 0 0

Yes..and it will get you in ton of trouble...in NC or any state...
even if you're the passenger...I wouldn't do it for anything...
I am a native North Carolinian and have lived here all of my life...
(and driving since age 15...now aged 48)

2007-02-27 03:36:47 · answer #2 · answered by Toots 6 · 0 0

Here's the statute, see for yourself:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-138.7.html

2007-02-27 03:36:54 · answer #3 · answered by jurydoc 7 · 0 0

uh, it is a violation in any state.....

2007-02-27 03:30:23 · answer #4 · answered by Rmprrmbouncer 5 · 0 0

No i don't think it is. I'm not sure.

2007-02-27 03:31:11 · answer #5 · answered by megsdogdepressed 1 · 0 2

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