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Open Alcoholic Container During Operation of Motor Vehicle - Class C Infraction , section: 9-30-15-3

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Substantive DUI/Excess Alcohol Offense, Open Container - Class C Infraction

Sec. 3. (a) This section does not apply to the following: (1) A container possessed by a person who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compartment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk. (b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; in the passenger compartment of the motor vehicle commits a Class C infraction. (c) A violation of this section is not considered a moving traffic violation: (1) for purposes of IC 9-14-3; and (2) for which points are assessed by the bureau under the point system. As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1.

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