Transporting Open Container

DUI Attorneys in Kansas City

A charge that often accompanies a Kansas DUI charge is transporting an open container (TOC). In Kansas, it is against the law to have an open bottle or open can of alcohol while driving your vehicle. It is a misdemeanor that can carry significant jail time and fines. However, law enforcement can sometimes get overzealous and issue a ticket for TOC simply if the box the alcohol was in was opened or even if a can is missing from a six pack. Thankfully, the Kansas Court of Appeals provides some help to people in this situation.

The court stated in State v Brown, 309 P.3d 9 that, "simply because some of the beer cans in Brown's car we're out of the original packaging does not mean that those cans were a factor that supports the probable cause requirement. In fact, this court has rejected this argument. See state v Driskell, no. 105, 125, 2012 WL 1919906, at 3-5 (Kan.App.2012) (unpublished opinion) (transporting an unopened beer, even if outside of its original package, does not violate Kansas's open container statute...")

While the court is on our side of this issue, that doesn’t mean the police or prosecutor won’t pursue such a charge.