Transporting Open Container of Alcohol (TOC) Lawyer
In defending Driving Under the Influence (DUI) charges in Kansas it is not unusual to have a client also charged with Transporting an Open Container of Alcohol or 'TOC' in addition to the DUI charge itself. Here is a brief look at the Kansas Open Container law. Transportation of liquor or an 'Alcoholic Beverage' in an opened container (T.O.C.) is a misdemeanor in Kansas under K.S.A. 8-1599.
This law states that "No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is:"
- In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed;
- In the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or
- If a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a passenger; or
- In the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212, and amendments thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
The Kansas Open Container Law imposes a maximum fine of $200.00 and / or a maximum of six months of jail time. A second or subsequent conviction for Transporting an Open Container includes mandatory penalties in addition to fines and potential imprisonment including a one-year mandatory suspension of your Kansas Driving Privileges.
If you are an out-of-state resident, The Kansas Department of Revenue is required to forward a copy of any conviction to the 'Motor Vehicle Administrator of such person's state of residence', which means that your home state may take additional action. Under K.S.A. 8-1599(h) it is an affirmative defense that an occupant of the vehicle other than the defendant was in "exclusive possession of the alcoholic liquor."
Charged with Open Container in Kansas or Missouri? Questions regarding the DUI laws in either state? We can help to protect your rights.
Contact us today for a free initial consult or submit an evaluation form on our website.
