MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representative Martinson

AN ACT TO CREATE NEW SECTION 63-11-55, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC BEVERAGE BY A PERSON OPERATING A MOTOR VEHICLE UPON THE PUBLIC HIGHWAYS, PUBLIC ROADS AND STREETS OF THIS STATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 63-11-55, Mississippi Code of 1972:

63-11-55. (1) As used in this section, "open container" means any container from which the contents are capable of being consumed immediately.

(2) No person shall have in their immediate possession an open container of any alcoholic beverage while operating a motor vehicle upon the public highways, public roads and streets of this state. No person shall consume any alcoholic beverages in the passenger area of any motor vehicle upon the public highways, public roads and streets of this state.

(3) Any person who violates this section is subject to a fine not to exceed Two Hundred Dollars ($200.00) and shall be subject to a chemical test or breath test in accordance with Sections 63-11-5 and 63-11-7.

(4) A county or municipality shall not adopt an ordinance that imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section, and any such ordinance adopted by a county or municipality before the effective date of this act shall be void and unenforceable.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.