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Alcohol and the Law

Elliot J. Wiesner | November 16, 2009

Whether it’s to unwind from a stressful day at work or to celebrate a special occasion, for some people, there’s nothing like indulging in a few (or more than a few) alcoholic drinks of choice. In New Jersey, it’s perfectly okay to go out and drink your liver’s share of beer, wine, or cocktails provided that you are 21 years of age or older. However, in doing so, it is important to abide by the various rules and regulations as imposed by the state. While most people know that driving while under the influence of alcohol is absolutely prohibited, many are not familiar with some of the other intricacies relating to New Jersey laws. In order to help New Jersey residents avoid getting into trouble with the law, attorney Elliot Wiesner wants to educate people regarding some of the lesser-known facts about the state’s laws.

When it comes to operating a vehicle, you can violate the part of the law even if you are 100% sober. Many people don’t realize that cruising around with open bottles or cans of alcohol is strictly prohibited, even if the driver is not drinking. Some might be under the false impression that passengers are allowed to drink alcohol in a car because they are not responsible for driving, but this is certainly not the case. On top of this, an open container of cannot even so much as be stored in a car while it is being driven. This means that if you’re driving, you can’t have an unsealed bottle of vodka sitting on the floor of the passenger seat, even if nobody plans to touch it.

If you do need to transport an already open container of in your vehicle, then it’s perfectly acceptable to stick it in the trunk. The logic behind this is that there is no way for a driver to possibly access an open bottle of alcohol in the trunk while driving, thereby making this type of storage a non-issue. It is also permissible to transport sealed bottles of alcohol in the main area of the car; however, to avoid any unnecessary trouble, it’s best to keep such items in the back seat and out of reach of the driver.

While most stories involving -based offenses tend to involve vehicles, it’s also easy enough to break those laws on foot. Plenty of people think it’s okay to walk around drinking beer or alcohol in public. But in reality, such activity will only get you a hefty fine. While it’s perfectly okay to drink alcohol at a licensed outdoor restaurant or sidewalk café, that’s the only situation in which the public consumption of alcohol is allowed. You cannot just walk down the street sipping a beer, nor can you round up a bunch of your friends to get hammered at the local playground. Also, contrary to popular belief, placing the alcohol in question in a paper bag does not change the law; it is still illegal to drink in public. Finally, most people don’t realize that drinking alcohol on public school property is actually a criminal offense. So the next time you start toying with the idea of gathering your friends and having a drinking session at the local schoolyard, you might want to think again.

Now that you’re more familiar with New Jersey law as it pertains to , you can do your best to try to follow it. Remember, there’s nothing wrong with enjoying your fair share of alcohol, but there are plenty of ways to do so without getting into trouble.

About Elliot J. Wiesner

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Elliot Wiesner is an attorney who has spent the past 11 years helping New Jersey residents tackle a variety of legal matters, from traffic violations to DWI charges to contract and family-related issues. He is a member of the New Jersey State Bar Association and operates out of New Brunswick, New Jersey.

The Law Firm of Elliot J. Wiesner, P.C.

(732) 709-2168 75 Paterson St., suite 6
New Brunswick,NJ 08901
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