Will this get me thrown in jail?

nguyenbio wrote:
As a Law Enforcement offier here in Southern California, an open container is one that is unsealed, decorked, unscrewed, etc. It is technically illegal to have it anywhere in the passenger compartment. To be safe, all alcohol, open or not should be in the trunk or cargo compartment.
The only time an open container or drinking or an alcohol beverage is allowed is when there is an active partition between the driver and those drinking (i.e Limos.
I have pulled people over before and seen open containers. Some I advise and some get cited. It all depends on the circumstances and their honesty.

I might be wrong but I humbly disagree with your assessment. The California vehicle code regarding open containers very specifically exempts the living quarters of a housecar or camper. It does not specify that there be an active partition. The question then becomes what is defined as living quarters? The vehicle code does not specifically provide this definition. Therefore it has been left to the courts to interpret. From what I have seen they consider the area behind the driver compartment to be living quarters. There are lots of party buses on the road that have no partition and drinking is allowed and legal. If I am wrong I would appreciate a reference to the regulation that requires a partition.