NH Law About ...: Open Containers and Motor Vehicles: Read About The Law ...

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Read About The Law ...

Introduction

There are state and federal laws as well as local ordinances dealing with open containers and motor vehicles.

Online

97 A.L.R.6th 653. Validity, Construction, and Application of Open Container Laws
"Open container laws, which complement drunk driving and public drinking laws, prohibit the existence of open containers of alcoholic beverage in motor vehicles or in public places. Motor vehicle open container laws generally prohibit any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is driving on a roadway or located in a public parking area. Public open container laws generally prohibit possession of open containers of alcoholic beverage in public places."
45 Am. Jur. 2d Intoxicating Liquors § 27
"The purpose and spirit of public intoxication statutes are to prevent people from becoming inebriated and then bothering and/or threatening the safety of other people in public places, as well as to protect the public from the annoyances and deleterious effects which may and do occur because of the presence of persons who are in an intoxicated condition."
NCSL. Open Container and Open Consumption of Alcohol State Statutes. 6/9/2021
"The statutory chart below summarizes the state laws in three categories: open container or consumption of alcohol within motor vehicles, open containers or consumption of alcohol in public, patrons removing partially consumed containers or bottles from restaurants and curbside and carryout sales by the drink. Statutes that allow for adults to take their alcoholic beverages “to go,” strolling outdoors and enjoying an area’s colorful sights and sounds, such as the French Quarter in New Orleans, known as common consumption areas or districts, are included in the second column."
United States. Dept. of Transportation. National Highway Traffic Safety Administration. Open Container Laws and Alcohol Involved Crashes. 2002
"This report presents the results of a study conducted for the National Highway Traffic Safety Administration (NHTSA) to assess the highway safety effects of laws that prohibit open containers of alcoholic beverages to be located in the passenger compartment of motor vehicles operated on public roadways."

Print

Although the books listed below do not deal with open container laws, it seems reasonable to assume that if you have problems under RSA 265-A:44, you may also be looking at problems under drunk driving laws. The first two books are Continuing Legal Education (CLE) materials from the New Hampshire Bar Association. These were written by lawyers for lawyers to accompany in-person seminars. CLEs can be very useful for finding information that may not be included in more formal treatises. The Law Library has over 1400 CLE publications on New Hampshire law from the NH Bar Association and other providers.

DWI Litigation: Back to Basics by New Hampshire Bar Association
Call Number: KFN1497.8.A75 D85 2020
Publication Date: 2020
Drunk Driving & Drugged Driving Litigation by New Hampshire Bar Association
Call Number: KFN1497.8 .D78 2017
A Practical Guide to Trying DWI Cases in New Hampshire by Mark L. Stevens (Editor)
Call Number: KFN1497.8 .P73
ISBN: 9781683452133
Publication Date: 2020

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.