2014 Maryland Code
Criminal Law
Title 10 - Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 1 - Crimes Against Public Health and Safety
Part III - Alcoholic Beverage Consumption or Possession of Open Container in Passenger Area of Motor Vehicle
§ 10-125. Violations
(a) Open container in passenger area. --
(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.
(b) Consumption in passenger area. --
(1) This subsection does not apply to the driver of a motor vehicle.
(2) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(c) Exceptions. -- Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in:
(1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including:
(i) a bus;
(ii) a taxicab; or
(iii) a limousine; or
(2) the living quarters of a motor home, motor coach, or recreational vehicle.
(d) Statewide application. -- Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibitions contained in this section apply throughout the State.
(e) Classification of violation. -- A violation of this section is not:
(1) a moving violation for the purposes of ยง 16-402 of the Transportation Article; or
(2) a traffic violation for the purposes of the Maryland Vehicle Law.
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