VC 23223TBWD eligibleDUI
Open container in vehicle
Possessing an open container of an alcoholic beverage while driving or riding as a passenger in a motor vehicle on a highway.
Vehicle Code 23223 — statutory text
Official source ↗(a) A driver shall not have in his or her possession, while in a motor vehicle upon a highway or on other lands described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) A passenger shall not have in his or her possession, while in a motor vehicle upon a highway or on other lands described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.
Base fine
$250.00
Does not include court fees or assessments.
DMV points
0
No DMV points.
Filing window
30 days
From citation date, use form TR-205-2024.
You can file a Trial by Written Declaration
Under CA Vehicle Code § 40902, infractions may be contested in writing. If the officer fails to respond within their required window, your ticket is dismissed. California requires a bail deposit equal to the fine; it is refunded if dismissed.
Also known as
open containerdrinking in vehicleopen alcohol in car
Defenses our AI considers (12)
- Equipment fixed — correctable violationhistorical success ~80%Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
- Documentary cure — proof on date of citationhistorical success ~75%Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
- Sign obscured, missing, or recently changedhistorical success ~50%A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
- Statute of limitations / speedy-trial violationhistorical success ~45%Every state imposes statutory deadlines between citation, arraignment, and trial. When the state misses a jurisdictional deadline — including officer-declaration deadlines in TBWD proceedings — dismissal is mandatory, not discretionary.
Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.