OPEN CONTAINER - nccourts 2025

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Can you expunge a open container ticket or how long does it take to get off your record? Unfortunately no, theres not a way to expunge civil infractions from your driving record, as far as Im aware of.
In North Carolina, drinking publicly is not technically illegal. However, laws and ordinances can make it difficult for you to drink in public without getting into trouble. For example, its illegal to walk around with an open container of alcohol. Its also illegal to be disruptive or disorderly while in public.
Answer: To get an open container ticket dismissed, you should gather evidence that challenges the violation, such as proving the container was not open or within your immediate control.
A violation of the open container law is a Class 3 misdemeanor for the first conviction and a Class 2 misdemeanor for any subsequent convictions (which is more serious). This means that your first conviction could result in a hefty fine and up to 20 days in jail.
If it occurs on the highway or any public road, it is a misdemeanor. The potential penalties for a misdemeanor open container offense in North Carolina include a fine of up to $200 and up to 30 days in jail. If the offense occurs on private property, such as in a parking lot, it is a notice of a crime.
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What is Open Container Law in NC? It is illegal to have an open alcoholic drink (open means a broken seal) in the passenger area of a motor vehicle. The law applies whether you are on a highway or roadway. Even if you park your car in a public parking area, an open container is still illegal in the passenger areas.
For example, local laws almost always make it illegal to consume alcohol while walking around on public property with an open container of alcohol. Open container laws ban public drinking in most areas, such as a road, sidewalk, or public park. Its also illegal to be disruptive or disorderly while in public.

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