Legal Question in DUI Law in Massachusetts

minor transporting alcohol

my 16yr old son was arrested for minor transporting alcohol & open container in m/v. Someone had put this in his vehicle under his back seat& he was not aware of it being there.His vehicle was parked & he was talking with 3 of his friends- he then went to leave and got into his car & a police officer asked him for his lic & reg and asked him if there were any drugs or alcohol in his vehicle to which he replied ''no''- the officer then asked if he could search the vehicle & my son said ''sure''. He was very intimidated by the officer.The officer found the bottle of alcohol which had been opened & placed my son under arrest.What can we expect to happen? He has had 2 minor juvenile charges before for which he rcvd & completed th diversion program for.He is an overall good kid, good student in school, involved in leadership programs,employed pt time, etc.He has never given us reason to be suspicious of alcohol and in this event appears he was being friendly to kids who were using his car to stash their bottle in, but regardless of that, what can we expect? My wife is beside herself about this.Please any advice you can give would be appreciated. Thank you


Asked on 11/02/05, 4:51 pm

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: minor transporting alcohol

Where your son has already been through the diversion program--he will most likely go to the next step which is a Continuation Without a Finding(CWOF) (one step short of a delinquent finding) for a certain amount of time with probation and conditions and perhaps some community service hours. When the time of the CWOF ends the case then gets dismissed although it will always appear on your son's board of probation record. I would recommend hiring an attorney with whom to go to court who might be able to convince the District Attorney's office or the court for certain alternatives or dispositions.

I hope that this helps. Please feel free to contact me further if you have any other questions. Good luck.

Martha Kovner

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Answered on 11/02/05, 5:39 pm


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