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  1. #1
    Join Date
    Apr 2015
    Posts
    1

    Default Open Container Laws in Massachusetts

    My question involves criminal law for the state of: Massachusetts

    I recently got charged with having an open container in public. I had an open container of beer on the sidewalk. I have never been arrested or in trouble with the police. I am very worried and need to know whether this is a criminal charge or not. I have a court date for this week. A few important questions I have are:

    When I apply for jobs, do I have to say I have been charged with a crime before?

    Will this stay on my record permanently?

    Is this a criminal charge?

    Please, please please let me know! I have looked everywhere and cannot find a straight answer!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Are Open Container Laws Considered a Criminal Charge in Massachusetts

    Civil Motor Vehicle Infraction, not criminal.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Are Open Container Laws Considered a Criminal Charge in Massachusetts

    Quote Quoting flyingron
    View Post
    Civil Motor Vehicle Infraction, not criminal.
    Hmm.

    The vehicle statute applies to "in the passenger area of any motor vehicle."

    https://malegislature.gov/Laws/Gener...r90/Section24i

    Would be nice if OP posted the statute number on his citation.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Are Open Container Laws Considered a Criminal Charge in Massachusetts

    Quote Quoting adjusterjack
    View Post
    The vehicle statute applies to "in the passenger area of any motor vehicle."
    ... Meaning "the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position...".

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Are Open Container Laws Considered a Criminal Charge in Massachusetts

    OP wasn't in a motor vehicle so Section 24I. "Possession of alcoholic beverages in motor vehicles" doesn't apply.

    OP was on a sidewalk. So it would be a local ordinance.

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