A passenger in a regular car on a public road in New York is holding an open can of beer. What is the situation under the Open Container Law?

Why

New York's Open Container Law applies to everyone in the vehicle, not only the driver. On a public highway, street or road, a driver or a passenger who drinks alcohol, or who has an open container of an alcoholic beverage, commits a traffic infraction, and the same goes for consuming cannabis. A first conviction brings a fine of up to $150, plus a mandatory surcharge and a crime victim assistance fee, and possibly 15 days in jail, with higher penalties for repeat offenses within 18 months. Whether the driver is sober does not matter. The one exemption covers passengers in vehicles such as stretch limousines that display a federal or state transportation commerce certificate or permit. In an ordinary car, the open can is an infraction for whoever has it, driver or passenger.