Minor in possession of alcohol | MassCops

Minor in possession of alcohol

Discussion in 'Vehicle Laws' started by ClintEastwood4Sheriff, Sep 14, 2019.

  1. ClintEastwood4Sheriff

    ClintEastwood4Sheriff MassCops Member

    Debate that has been coming up in the patrol room....

    Do you write the chapter and section and minor in possession of alcohol on a citation if applicable in addition to a summons, or just a summons?

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  2. samadam78

    samadam78 MassCops Member

    Over 18 or under 18?
  3. ClintEastwood4Sheriff

    ClintEastwood4Sheriff MassCops Member

    Over 18. 19 yo.

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  4. RodneyFarva

    RodneyFarva Get off my lawn!

    Chapter 138 Section 34c. The license or the right to operate suspended for 90 days, whether or not the minor was operating a m/v.

    if you have other civil charges it wouldn't hurt, but in of it self a summons suffice
  5. visible25

    visible25 Supporting Member

    I've written Minor in Possession on a Mass citiation, handed them a copy and then said "you'll get more paperwork in the mail" as I do with any other summonses

    I think that's what you're asking, unless I'm reading the question wrong.
  6. j809

    j809 Subscribing Member

    I’d write it and forward it with the court complaint, they never got a copy. Upon a conviction the court would send it to the RMV, which rarely happened.

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  7. Edmizer1

    Edmizer1 MassCops Member

    Our court told us that we don't need to write the cites anymore. The court is SUPPOSED to manually enter it into the RMV interface after the person is found GUILTY. I'm not sure I have ever seen anyone actually get a guilty finding for a minor in possession. Its always some sort of alternative disposition.
  8. 38bigblock

    38bigblock MassCops Member

    If it’s on the E-citation drop down, then I’d add it, if they want to amend it and send further guidance, that’s up to them. Kind of my rule of thumb when adding anything to a citation.

    I recently found out that 94c doesn’t go on CMVI’s anymore either, but they are still in the drop down.
  9. Joel98

    Joel98 MassCops Member

    Only CH.90 sections are supposed to go on citations, that’s it. Apparently the RMV doesn’t like it when non CH.90 stuff is on citations. This is directly from the Clerk Magistrate at my court.
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  10. CapeSpecial

    CapeSpecial MassCops Member

    Nope, we were told only chapter 90/89 stuff goes on citations. Summons only.
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  11. Roy Fehler

    Roy Fehler MassCops Member

    I think it’s more likely that the CM at your court doesn’t like it.

    I don’t make many minor in possession arrests, but I write a citation for every drug arrest, and have never heard a negative word.
  12. Joel98

    Joel98 MassCops Member

    That may be so....but there was also an email a while back from the RMV saying something about only CH.90 sections go on citations
  13. Bloodhound

    Bloodhound MassCops Member

    I recall that as well. Plus they no longer need to be notified about 94C offenses as those no longer trigger automatic license suspensions since 2016.
    Joel98 likes this.

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