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Main Page Poss Ma. Lic/Charge?
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Posted by: MPD

Does C138/34B cover when a party has in his possession a Ma. Lic of another? Simply possessing not for purchase of alcohol. I run into this alot with underage carrying other licenses. I'm not looking to stick it to them, well not all of them just for some clarification.

I'm aware that 90/23 covers concealing one's identity with the license of another, usually after arrest.

Posted by: Crvtte65

Contact the other person and inquire if they know the person that had it. Then you can go from there

Posted by: MPD

Thanks.

Not to read into things too much but what is considered fake??

Possessing a license that is somebody elses?? Its not his so could it be considered fake by definition?? I'm reaching a little.

Posted by: 94c

Quote:

Originally Posted by MPD

Does C138/34B cover when a party has in his possession a Ma. Lic of another? Simply possessing not for purchase of alcohol. I run into this alot with underage carrying other licenses. I'm not looking to stick it to them, well not all of them just for some clarification.

I'm aware that 90/23 covers concealing one's identity with the license of another, usually after arrest.

I would assume since chapter 138 covers alcohol offenses then alcohol has to be involved, no?

There are plenty of legal reasons why someone may have a friend's license.

Posted by: MPD

C138s34B states "carried"....... id card or "license" not other stipulations.

That's the way I look at it if he can't come up with a legit excuse why he is carrying somebody elses license.

Posted by: 94c

Any person who transfers, alters or defaces any such card or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.

If he is carrying a false liquor ID card then yes you can bag him.

Now if it belongs to someone else then he has to be using it not simply carrying it.

The word "using" in an alcohol law chapter has to read as a whole law and not simply picking a few phrases and pulling them out of context.

Just my opinion.

Posted by: MPD

Thanks.

I guess we could go back an forth dissecting the words. I see "carries" "license" of another. In my humble opinion, with out a valid explanation I'm good all day under the elements shown. It doesn't specifically say it has to be used in the purchase of alcohol. I appreciate your input.

Posted by: 94c

Quote:

Originally Posted by MPD

Thanks.

I guess we could go back an forth dissecting the words. I see "carries" "license" of another. In my humble opinion, with out a valid explanation I'm good all day under the elements shown. It doesn't specifically say it has to be used in the purchase of alcohol. I appreciate your input.

I dare you to practice what you preach, then. Good Luck in your endeavors.

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