6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a
public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage
container. This subsection shall not apply to a passenger of a charter or special bus operated as
defined under R.S.48:4-1 or a limousine service.
b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic
beverage container pursuant to this section if such container is located in the trunk of a motor
vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor
home or house trailer. For the purposes of this section, the term “open or unsealed” shall mean a
container with its original seal broken or a container such as a glass or cup
c. For a first offense, a person convicted of violating this section shall be fined $200 and
shall be informed by the court of the penalties for a second or subsequent violation of this
section. For a second or subsequent offense, a person convicted of violating this section shall be
fined $250 or shall be ordered by the court to perform community service for a period of 10 days
in such form and on such terms as the court shall deem appropriate under the circumstances.