ID · jury_instructions
ICJI 1011
Driving with an Open Container of Alcohol
ICJI 1011 DRIVING WITH AN OPEN CONTAINER OF ALCOHOL
In order for the defendant to be guilty of Driving with an Open Container of Alcohol the state must prove each of the following:
1. On or about [date],
2. in the state of Idaho,
3. the defendant, [name]
4. was in actual physical control of a motor vehicle
5. upon a public highway or the right-of-way of a public highway
6. while in possession of an open beverage containing alcoholic liquor, beer, or wine
If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.
Comment
I.C. � 23-505
See ICJI 1003 for definition of "actual physical control"
Revised: April 21, 2023
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
8a7ac53162846a40aa0400b5768714cd9dee113f7e792fcdc62b70c6fde4008e
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