Being a minor in possession of alcohol is a crime in Massachusetts. Massachusetts general law 138 section 34c is the governing law. It makes it illegal for someone who is under 21 to knowingly possess, transport or carry on his or her person alcohol or an alcoholic beverage.
The Assistant District Attorney must prove the following:
- being under twenty-one years of age and not accompanied by a parent or legal guardian,
- did knowingly possess, transport or carry on his or her person alcohol or an alcoholic beverage,
- Finally, not doing so in the course of his or her employment while between the ages of eighteen and twenty-one
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PENALTY FOR MINOR IN POSSESSION OF ALCOHOL IN MASSACHUSETTS
The penalty for a minor in possession of alcohol is a fine of $50. If found guilty of minor in possession the conviction goes on a person’s record. Minor in possession of alcohol is a misdemeanor. In addition, there is a mandatory loss of driver’s license for three months. There is also a license reinstatement fee.
Charges of a minor possessing alcohol, G.L. c. 138, § 34C, and procuring alcohol for a minor, G.L. c. 138, § 34A, both have mandatory license suspensions. Also, a conviction of Section 34A will result in a 180-day suspension. A conviction of Section 34C will result in a ninety-day suspension. Finally, these suspensions are mandatory. Therefore, the Massachusetts RMV cannot give hardship licenses or temporary licenses.
Defenses
There are defenses to minor in possession of alcohol criminal charges in Massachusetts. Attorney Patrick Donovan has been able to successfully represent many young people charged with being a minor in possession of alcohol. Many times Attorney Donovan has been able to avoid a conviction for each client charged with a minor in possession and in some cases has been able to avoid any entry on the person’s criminal record.
Criminal Attorney for College Students
Before becoming a criminal defense lawyer, Attorney Patrick Donovan was an Assistant District Attorney in Norfolk County. As a prosecutor, he handled thousands of criminal prosecutions. Also, Attorney Donovan handled criminal arraignments, pre-trials, bench, and jury trials. In conclusion, Criminal Defense Attorney Patrick Donovan puts that experience to work for you.
