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Veh. & Traf. Law § 1227 — drinking, cannabis or an open container in a vehicle on a public highway is a traffic infraction

Driver and passengers alike. Drinking an alcoholic beverage, consuming cannabis, or having an open container of an alcoholic beverage in a motor vehicle on a public highway or its right of way is prohibited. A driver or passenger who does it is guilty of a traffic infraction.

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Passengers in a vehicle built for ten or more passengers and used to carry passengers for hire under a state or federal transportation permit may drink, may have an open container, and may consume cannabis by means other than burning.

Wine resealed as the alcoholic beverage control law provides may be carried in the trunk, or behind the last upright seat or in another area not normally occupied in a vehicle with no trunk.

Sources for this section (1)
  1. Veh. & Traf. Law § 1227 — Consumption or possession of alcoholic beverages in certain motor vehicles

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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