Open Container Attorney in Kern County

A Decade of Traffic Defense in Kern County Courts

An open container citation can look routine on paper, but the Vehicle Code section charged and the facts behind the stop determine how serious it actually is. Whether you’re a driver cited under California Vehicle Code 23222 or a passenger cited under VC 23223, the specific circumstances matter. Bigger & Harman, APC is a Bakersfield-based firm that focuses on traffic law, and we’ve been representing drivers across Kern County for more than a decade.

Facing an open container ticket? Call us at (661) 349-9300 to schedule a free consultation. We can review your citation and walk you through your options before you decide anything.

California’s Open Container Law: What the Code Actually Says

California draws a clear line between drivers and passengers. Vehicle Code 23222 applies to a driver who possesses an open alcoholic beverage container while operating a vehicle on a public highway. VC 23223 covers everyone else in the vehicle, including passengers. An open container is any bottle, can, or receptacle that has been opened, had its seal broken, or had some of its contents removed.

Two exceptions can change how a case is evaluated. Under VC 23225, a container stored in the trunk or another locked compartment inaccessible to the driver and passengers isn’t a violation. Under VC 23229, passengers riding in vehicles for hire, such as taxis, limousines, or licensed buses, are also exempt. The law applies to public highways and roads, not private property.

Penalties: Infraction, Misdemeanor, & Insurance Impact

For adults 21 and older, an open container violation is typically charged as an infraction. Under the Judicial Council of California’s bail schedule, the base fine is $70, but once court fees and penalty assessments are added, the total can reach roughly $367. No jail time attaches to an infraction, and no point is assessed to the driving record for a standard VC 23222 or 23223 violation. Even so, the citation can appear on a record and draw the attention of insurance carriers at renewal.

The stakes are considerably higher for anyone under 21. Vehicle Code 23224 makes it a misdemeanor for a driver or passenger under that age to possess alcohol in a vehicle, open or unopened, with penalties that can include up to six months in jail and a fine up to $1,000. There’s also a secondary concern in any case: an open container citation can serve as supporting evidence in a DUI investigation, even without a failed field sobriety test.

How We Approach an Open Container Defense

The first questions we ask are practical ones. Where exactly was the container found? Who had access to it? What prompted the officer to search the vehicle? Those facts determine whether a statutory exception applies, whether the stop or search was lawful, and how to position the case. We don’t treat these citations as automatic guilty pleas.

Our firm has been asked to assist with more than 20,000 traffic tickets across California, and our attorneys know the court personnel and law enforcement officers across Kern, Fresno, Tulare, Inyo, and Mono counties. That local familiarity shapes how we prepare every case. Our history includes results such as dismissals and reductions of serious traffic charges to non-point violations, though outcomes always depend on the specific facts involved.

Why Clients Choose Bigger & Harman, APC

One of our firm’s founders holds a 9.4 Superb rating on Avvo, and we’re a member of the California Traffic Defense Bar Association. For clients who prefer to communicate in Spanish, we provide full service in Spanish and deliver case updates in your preferred language. We also offer evening and weekend appointments, so getting legal advice doesn’t have to mean taking time off work.

How Open Container Cases Move Through Kern County Courts

Infraction and misdemeanor traffic matters for the Bakersfield metropolitan area are handled by the Metropolitan Division of Kern County Superior Court. For those who can’t attend during regular business hours, Kern County offers a traffic night court session. Branch courts in Delano, Lamont, and Shafter handle cases from those communities, which matters when your citation lists a court location outside Bakersfield.

In most cases, our attorneys handle court appearances on your behalf. You go to work or school as usual, and we appear for you, which removes one of the most common concerns clients have when they first call us.

Start with a Free Consultation

We use a flat fee for traffic defense, so you know the cost upfront. There are no hourly billing surprises and no obligation attached to the initial call. We can review your open container citation, explain what the charges mean under California law, and outline what a defense might look like for your situation.

Call Bigger & Harman, APC at (661) 349-9300 to schedule your free consultation. We serve clients across Kern County, including Bakersfield, Delano, Lamont, and Shafter.