Massachusetts DUI Attorney Blog

As an Attleboro criminal lawyer, a common charge that is brought in Attleboro District Court is the charge of being a minor in possession of alcohol. This is a very common charge brought by the Mansfield police after concerts at the Comcast Center and during the school year the Norton police enforce this law, particularly in the area of Wheaton College.

According to David Linton's report in the Attleboro Sun Chronicle, the North Attleboro police received a grant from the Executive Office of Public Safety and Security to reduce and curb underage drinking. While having a charge of underage drinking does not carry the risk of any jail time, the maximum penalty is a fine of $ 50.00, the real consequence is that a conviction will result in a ninety day license loss from the Registry of Motor Vehicles. I have attached a copy of Massachusetts General Laws Chapter 138 Section 34 which governs the charge of minor in possession of alcohol and provides the penalty upon conviction. Click here to read the statute. To avoid this consequence it is important to have the charge dismissed without an admission of guilt.

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A Rehoboth, Massachusetts man, Sean Sutherland was charged with a Massachusetts DUI offense according to a news account in the Taunton Gazette. According to the news report, Sutherland is under twenty-one and blew a .21 on the breathalyzer machine.

If Sutherland's Massachusetts OUI lawyer cannot find a way to challenge the basis of the stop or exclude the breathalyzer test results, Sutherland will have to complete a 14 day in-patient program as a condition of his probation as a result of the high breathalyzer reading in the case above .20. Under Massachusetts OUI law, an individual convicted of OUI who is under 21 will also have to endure a 210 day license loss if convicted of drunk driving.

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Two 18-year-olds have been arrested after police found two dozen teenagers partying at a Forbes Hill Road home strewn with beer and vodka bottles, the Patriot Ledger reported.

Chandler Webb and Paul Fiorenza face charges of being minors in possession of alcohol and providing alcohol to minors. A third person was arrested for allegedly breaking into the home while the teens were under arrest. Depending on the actions taken by law enforcement, a Quincy criminal defense lawyer may be able to get these charges reduced or dismissed. Particularly in cases involving minors, police officers may enter a home in search of illegal activity without proper cause for doing so. Cases involving illegal search and seizure in Massachusetts may result in a reduction or dismissal of the charges.

As a homeowner or resident, you have every right to speak with an officer on the front step, with the door closed, or ask that they remain outside the home. It is not necessary to be rude, but neither is it necessary to give police free rein to wander through your home in search of underage drinkers or other infractions. Often, what starts as a complaint about noise or other nuisances, leads to criminal charges after officers arrive and are allowed to search through a home.

In this case, officers responded to the Forbes Hill Road hope shortly before 11 p.m. Thursday, after receiving a complaint about teenagers drinking and a large party. Police say they had been at the home on similar calls in recent weeks, including July 4.

Responding officers placed the two teens under arrest and waited while other teens called parents for a ride home. The two teens told police that they had inherited the house from their grandparents and that they lived their alone.

Once released from custody, the two returned home to find that the home had been burglarized. Missing items include two laptop computers, a cell phone, video games and sunglasses.

Adam Kenney 20, of Lynn, was arrested and faces a charge of breaking and entering, a Massachusetts larceny charge and trespassing.

All three defendants will face the charges in Quincy District Court.

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A Weymouth, Massachusetts teenager, Adam Murphy, was charged with OUI. Since the motorist was under 21, he faces enhanced penalties if convicted of an OUI in Massachusetts. Teen who are charged with an OUI face a potential three year license suspension for refusing the breathalyzer test, a 180 day suspension for failing the breathalyzer test and a 210 day license loss if convicted of OUI.

Police found Murphy asleep behind the wheel after he crashed into a building according to the news account from the Patriot Ledger. He is alleged to have failed field sobriety tests and was placed under arrest.

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Massachusetts General Laws Chapter 138 Section 34C imposes a ninety day loss of license upon conviction of any minor being found in possession of alcohol. The Attleboro police department has been particularly aggressive in attempting to prevent minors from buying alcohol by setting up stings at local liquor stores. News reports have attempted to warn the public of these efforts in an understandable effort to reduce this problem facing minors.

While it is understandable the efforts of the police in reducing underage drinking, these matters sometimes involve the police overstepping constitutional limitations on permissible searches and seizures. Additionally, in some cases, a resolution can be achieved without resulting in a loss of your driver's license.

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