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(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

what part of the "box" contains the beverage? your interp would be valid if there were any liquid in the box, if the box is dry than it is not containing the beverage, it is containing the containers of the beverage.

the argument disproving the "6 pack container" has already been presented. the 6 pack ring CANNOT contain liquid. the "container" is the object that "contains" the alcoholic beverage. Just because the box or ring has been reduced in occupancy doesnt substantiate an "open container".

AFCop wrote:I personally have a conviction on an open container enhancement with a DWI with an open 30 pack with cans missing and no open cans in the car.

Link to the online court docket? What dept do you work for? I would emplore you to consult with the attorney generals office on your interp of the term "container".

The "other recepticle" is aimed at covering flasks and other containers used to hold alcohol. A 6,12,18, 24, 30, or 36 pack missing a few cans DOES NOT meet the requirements of "an open container". Where this could be construed is in the report an officer would mention something to the sort of, "located in the vehicle was a partially consumed beer can that was cold to the touch, along with an empty beer can in the floor board next to a 12 pack box of beer with two cans missing.". Although the box would be mentioned it is not an open container.

Under the same train of thought, the next person I come across with a partially loaded magazine, do I charge them with discharging a firearm. They obviously shot the gun didnt they?