In February of 2013, our client was arrested by the South Kingstown Police Department and charged with transportation of alcohol by a minor.
Pursuant to Rhode Island General Laws 3-8-9, transportation of alcohol by a minor is defined as any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways, except when accompanied by a parent, legal guardian, or another adult who is over the age of twenty-one (21) years and related, whether by blood, adoption or marriage, to the operator within the following degree of sanguinity: brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or great aunt and, knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle shall be guilty of a criminal violation.
There are two (2) affirmative defenses to transportation of alcohol. First, that the minor driver is related to the other people in the motor vehicle and second, that they are transporting alcohol as part of their job. The law states this section does not apply to persons between the ages of sixteen (16) and twenty-one (21) who are transporting unopened alcoholic beverages in the course of their employment.
The penalties if convicted include:
(1) For a first offense, a fine of not more than two hundred fifty dollars ($250) and have his or her license to operate a motor vehicle suspended for not more than thirty (30) days;
(2) For a second offense, a fine of not more than five hundred dollars ($500) and have his or her license to operate a motor vehicle suspended for not more than ninety (90) days;
(3) For a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor vehicle suspended for one year.
Due to Attorney Humphrey's skill and experience with underage alcohol offenses, the charge was dismissed and our client is immediately eligible to have the charge expunged from her record.
If you or a family member has been charged with transportation of alcohol by a minor, underage possession of alcohol or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.