Motor vehicles – Open container – Civil infraction

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Where a jury found a defendant guilty of possessing an open container of alcohol in a motor vehicle, that offense constitutes a civil motor vehicle infraction, rather than a criminal offense.

“In the instant case we are asked to decide whether possession of an open container of alcohol in a motor vehicle is a civil infraction or a criminal offense. The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of G.L.c. 90, section24(1)(a)(1); possessing an open container of alcohol in a motor vehicle, in violation of G.L.c. 90, section24I (open container violation); and failing to have a current and valid inspection sticker, in violation of G.L.c. 90, section20. Prior to trial, the defendant disputed whether the open container charge constituted a civil infraction or a criminal offense. Relying on Commonwealth v. Johnson, 461 Mass. 44, 50 n.7 (2011), the trial judge concluded that it was a criminal offense. A jury found the defendant guilty of the open container violation, but not guilty of OUI. The defendant appealed, and we granted his application for direct appellate review.

“In order to determine whether an open container violation is a civil infraction or criminal offense, we must examine whether it fits within the definition of a ‘civil motor vehicle infraction’ in G.L.c. 90C, section1. Such infractions are defined as ‘automobile law violation[s] for which the maximum penalty does not provide for imprisonment.’ … Where, as here, the offense at issue does not provide for imprisonment, the relevant question is simply whether the offense may be deemed an ‘automobile law violation.’

“In light of the relevant statutory language and the purpose of the statutory scheme regulating the use of motor vehicles, we conclude that automobile law violations comprise those statutory violations relating to the safe operation or use of a motor vehicle. We also conclude that possession of an open container of alcohol in a motor vehicle relates to the safe operation or use of a motor vehicle. The open container statute was originally enacted to protect against drunk driving and, despite more recent amendments to the statute, is still aimed at that purpose. Accordingly, possession of an open container of alcohol in a motor vehicle is a civil motor vehicle infraction, rather than a criminal offense. In so holding, we overrule a narrower interpretation of the same statutory language articulated in Commonwealth v. Giannino, 371 Mass. 700 (1977), wherein we held that automobile law violations must ‘necessarily and exclusively encompass[] the “operation or control” of a motor vehicle.’ …

“For the foregoing reasons, we vacate the defendant’s criminal conviction of possession of an open container of alcohol and remand the matter to the trial court for further proceedings consistent with this opinion.”

Commonwealth v. Mansur (Lawyers Weekly No. 10-028-20) (15 pages) (Kafker, J.) The case was heard by Michael L. Fabbri, J., in District Court. Edward Crane for the defendant; Hallie White Speight for the commonwealth; Rebecca Kiley, for Rufus Wornum, amicus curiae, submitted a brief (Docket No. SJC-12745) (Feb. 21, 2020).

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