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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I am 19 years old and recently got charged for transporting

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I am 19 years old and recently got charged for transporting alcohol as a minor in Massachusetts. I was driving my two 21 year old friends to a liquor store. After my friend placed the case of beer in my trunk, a police officer took my license and registration. He gave me the written ticket for the charge and told me to wait 3-4 weeks for a letter providing my court date. He said that there was no need to get a lawyer. How should I plead? Will this go on my permanent record? Should I get a Lawyer? Do I need to get my parents involved, or can this be handled on my own?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



there is a $50 fine for this - but the problem is it will be reported to the DMV and you could lose your license for up to 90 days - and while my research does not reveal that it is a misdemeanor offense, you might want to consult with a local attorney about the license suspenion and to be sure the $50 fine does not result as a guilty conviction as a misdemeanor


i cannot tell you whether to inform your parents or not - that is something you will need to decide



Customer: replied 8 years ago.
So this will not go on my record if it isn't ruled as a misdemeanor? Do I plead guilty?
Expert:  Samuel II replied 8 years ago.



i cannot tell you to plead one way or the other - i can only provide your options -


what you will want to do is make sure that if you pay the fine that it does not show as a misdemeanor on your record - that this is, indeed, a fine offense - which i believe it is - i can find nothing saying otherwise. but you will want to be certain.


if it is only a fine, then you could just pay the fine - but againk the matter will be reported to the DMV for the suspension of your license.


thanks for your patience - i just wanted to check the MA Code once more to be sure - and it just seems to be a fine.



Expert:  Samuel II replied 8 years ago.



here is the law - the underlined section that an arrest can be made, is what causes me concern - if it is not a misdemeanor, i am not sure how the arrest can be made. but the code does not specifically state it as such. that is why i think you need to ask a local attorney


Chapter 138: Section 34C. Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver's license


Section 34C. Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars for a second or subsequent offense; provided, however, that this section shall not apply to a person between the ages of eighteen and twenty-one who knowingly possesses, transports or carries on his person, alcohol or alcoholic beverages in the course of his employment. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.



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