kevin22494
Junior Member
What is the name of your state (only U.S. law)?
Maine
Last week I was pulled over headed home from my friends house for "speeding". Once the cop finished talking to me, he asked to search my vehicle. I said "yes", as I had nothing to hide (or so I thought). After an extensive search he found a bottle of Vodka, on the floor in the back on the driver's side. I had NO idea this was in there. I immediately thought of my friend, who must have set it in there the night before so his wife didn't find out he was drinking again (he is 23). I was never given a speeding charge, as I'm pretty sure I wasn't even speeding in the first place.
The Maine law states, that a minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment or at the request of the minor's parent, guardian or custodian. But not that of a friend. It also states that a minor may not transport liquor. Except as provided in subsection 1-B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to violations of this subsection. I did not knowingly transport alcohol, so I don't know if that helps my case. Also the law stats, 2. No conviction if liquor not within minor's section. A minor may not be found in violation of any offense under this section if liquor is found outside the passenger's or driver's section of a motor vehicle under the minor's control, unless the minor has actual knowledge of the presence of the liquor. The trunk or locked glove compartment of any vehicle may not be construed under this section to be within the passenger's or driver's section of the motor vehicle. I'm not sure if the back sear floor counts as my section or not.
Illegal Transportation of Liquor
No person under the age of 21 shall transport alcoholic beverages in a motor vehicle except in the scope of their employment or at the request of their parent. The penalties for illegal transportation are:
1st Offense 30 day license suspension and a fine of no more than $500;
2nd Offense 90 day license suspension and a fine of not less than $200;
3rd Offense 1 year license suspension and a fine of not less than $400.
§2052. Illegal transportation by minors
1. Minor may not transport liquor; exception.
[ 2003, c. 452, Pt. P, §5 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]
1-A. Minor may not transport liquor. Except as provided in subsection 1-B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to violations of this subsection.
A. A minor who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A minor who violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged, none of which may be suspended. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. A minor who violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of not less than $400 and not more than $500 must be adjudged, none of which may be suspended. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
1-B. Permitted transportation. A minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment or at the request of the minor's parent, guardian or custodian, as defined in Title 22, section 4002.
[ 2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. No conviction if liquor not within minor's section. A minor may not be found in violation of any offense under this section if liquor is found outside the passenger's or driver's section of a motor vehicle under the minor's control, unless the minor has actual knowledge of the presence of the liquor. The trunk or locked glove compartment of any vehicle may not be construed under this section to be within the passenger's or driver's section of the motor vehicle.
[ 2003, c. 452, Pt. P, §5 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
3. Violation.
[ 2003, c. 452, Pt. P, §5 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]
4. Minor can not be charged with both illegal transportation and illegal possession. A minor charged with illegal transportation under this section may not be charged with illegal possession under section 2051. A minor who possesses or consumes liquor in a motor vehicle under the terms of this section must be charged under this section, rather than under section 2051. This subsection does not preclude charges under Title 15, section 3103, subsection 1, paragraph F, when appropriate.
[ 2003, c. 452, Pt. P, §5 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1987, c. 45, §A4 (NEW). 1991, c. 337, §1 (AMD). 1991, c. 549, §8 (AMD). 1991, c. 549, §17 (AFF). 1993, c. 93, §3 (AMD). 1997, c. 373, §§148,149 (AMD). 2003, c. 452, §P5 (AMD). 2003, c. 452, §X2 (AFF).
So currently I am asking myself a couple of questions:
Should I get a lawyer? They are about $100 an hour, and there's no guarantee they can lower the charge or get it dropped, BUT I really need this to not be on my record at all. If anything, dropped to possession of alcohol by a minor. The fine ranges from $200-$500 for first offense, which it was. I have not got in trouble since I turned 18. (20 now)
If I get a lawyer, should I try to fight it or just lesson it?
Should I just go and pay the fine and get it all over with?
Should I say my parent wanted to me to go get it from a friends house? (Who is over 21)
Should I call my friend up and see if he will come to court with me and say it's his?
Will this impact my insurance, criminal background history when applying for jobs, and ruin my chances of getting into a good college?
What do I do when I get to court, I know you can talk to a free lawyer, but is that really my best option?
Maine
Last week I was pulled over headed home from my friends house for "speeding". Once the cop finished talking to me, he asked to search my vehicle. I said "yes", as I had nothing to hide (or so I thought). After an extensive search he found a bottle of Vodka, on the floor in the back on the driver's side. I had NO idea this was in there. I immediately thought of my friend, who must have set it in there the night before so his wife didn't find out he was drinking again (he is 23). I was never given a speeding charge, as I'm pretty sure I wasn't even speeding in the first place.
The Maine law states, that a minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment or at the request of the minor's parent, guardian or custodian. But not that of a friend. It also states that a minor may not transport liquor. Except as provided in subsection 1-B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to violations of this subsection. I did not knowingly transport alcohol, so I don't know if that helps my case. Also the law stats, 2. No conviction if liquor not within minor's section. A minor may not be found in violation of any offense under this section if liquor is found outside the passenger's or driver's section of a motor vehicle under the minor's control, unless the minor has actual knowledge of the presence of the liquor. The trunk or locked glove compartment of any vehicle may not be construed under this section to be within the passenger's or driver's section of the motor vehicle. I'm not sure if the back sear floor counts as my section or not.
Illegal Transportation of Liquor
No person under the age of 21 shall transport alcoholic beverages in a motor vehicle except in the scope of their employment or at the request of their parent. The penalties for illegal transportation are:
1st Offense 30 day license suspension and a fine of no more than $500;
2nd Offense 90 day license suspension and a fine of not less than $200;
3rd Offense 1 year license suspension and a fine of not less than $400.
§2052. Illegal transportation by minors
1. Minor may not transport liquor; exception.
[ 2003, c. 452, Pt. P, §5 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]
1-A. Minor may not transport liquor. Except as provided in subsection 1-B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to violations of this subsection.
A. A minor who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A minor who violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged, none of which may be suspended. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. A minor who violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of not less than $400 and not more than $500 must be adjudged, none of which may be suspended. [2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
1-B. Permitted transportation. A minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment or at the request of the minor's parent, guardian or custodian, as defined in Title 22, section 4002.
[ 2003, c. 452, Pt. P, §5 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. No conviction if liquor not within minor's section. A minor may not be found in violation of any offense under this section if liquor is found outside the passenger's or driver's section of a motor vehicle under the minor's control, unless the minor has actual knowledge of the presence of the liquor. The trunk or locked glove compartment of any vehicle may not be construed under this section to be within the passenger's or driver's section of the motor vehicle.
[ 2003, c. 452, Pt. P, §5 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
3. Violation.
[ 2003, c. 452, Pt. P, §5 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]
4. Minor can not be charged with both illegal transportation and illegal possession. A minor charged with illegal transportation under this section may not be charged with illegal possession under section 2051. A minor who possesses or consumes liquor in a motor vehicle under the terms of this section must be charged under this section, rather than under section 2051. This subsection does not preclude charges under Title 15, section 3103, subsection 1, paragraph F, when appropriate.
[ 2003, c. 452, Pt. P, §5 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1987, c. 45, §A4 (NEW). 1991, c. 337, §1 (AMD). 1991, c. 549, §8 (AMD). 1991, c. 549, §17 (AFF). 1993, c. 93, §3 (AMD). 1997, c. 373, §§148,149 (AMD). 2003, c. 452, §P5 (AMD). 2003, c. 452, §X2 (AFF).
So currently I am asking myself a couple of questions:
Should I get a lawyer? They are about $100 an hour, and there's no guarantee they can lower the charge or get it dropped, BUT I really need this to not be on my record at all. If anything, dropped to possession of alcohol by a minor. The fine ranges from $200-$500 for first offense, which it was. I have not got in trouble since I turned 18. (20 now)
If I get a lawyer, should I try to fight it or just lesson it?
Should I just go and pay the fine and get it all over with?
Should I say my parent wanted to me to go get it from a friends house? (Who is over 21)
Should I call my friend up and see if he will come to court with me and say it's his?
Will this impact my insurance, criminal background history when applying for jobs, and ruin my chances of getting into a good college?
What do I do when I get to court, I know you can talk to a free lawyer, but is that really my best option?