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  1. #1
    Join Date
    Mar 2009
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    1

    Default Citation for Possesion of Alcohol Under 21

    My question involves criminal law for the state of: Florida

    I reside in Massachusetts and received a citation for possession of alcohol under 21 in Florida. I have no prior offenses. I don't want to fly back down there for the court date. What happens if I waive the right of trial? Is it better to plea guilty or no contest? And what can I do to ensure that my record can be clean?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Citation for Possesion of Alcohol Under 21

    Consult a lawyer in the county where you're charged to see if there's a way you can resolve the charge without going back to Florida.

    When you commit a crime, you throw away any way to guarantee yourself a clean record.

  3. #3
    Join Date
    Mar 2009
    Posts
    5

    Default Re: Citation for Possesion of Alcohol Under 21

    see if you can do it under conditional discharge, i know they have it in georgia cause i got that yesterday.

  4. #4
    Join Date
    Mar 2009
    Location
    Jacksonville
    Posts
    18

    Default Re: Citation for Possesion of Alcohol Under 21

    Some Florida counties have programs for first time offenders of alcohol possession and minor drug charges called the "diversion Program" I know Leon County has it. You may want to check with an attorney to see if there are programs like this available if whatever county you are being charged in. I believe that the penalty was a $200 fine and some community service which I'm sure can be transferred to your state. Also, you may not have to be there if this is available and you have an attorney. That would solve your travel issue.

  5. #5

    Default Re: Citation for Possesion of Alcohol Under 21

    G.L. c. 90 Sec. 22(c) requires the Masschusetts Registry to treat convictions of certain offenses as if they occurred in Massachusetts, if the defendant was a Massachusetts resident or license holder at the time of the offense.

    Under this law, the Mass. RMV may treat the offense as if it had occurred in Mass. Therefore, a conviction (guilty plea or finding) in FL may result in a 90 day license suspension.

  6. #6
    Join Date
    Jul 2008
    Posts
    242

    Default Re: Citation for Possesion of Alcohol Under 21

    Quote Quoting RMVLAWYER.COM
    View Post
    G.L. c. 90 Sec. 22(c) requires the Masschusetts Registry to treat convictions of certain offenses as if they occurred in Massachusetts, if the defendant was a Massachusetts resident or license holder at the time of the offense.

    Under this law, the Mass. RMV may treat the offense as if it had occurred in Mass. Therefore, a conviction (guilty plea or finding) in FL may result in a 90 day license suspension.
    Mass is a non compact law State and therefore will not be notified of the offense from FL specifically. The only way they will know is if this person comes to the RMV to apply for any type of license transaction. AT that time he will be run through NDR and if he is suspended in FL it wil appear and he will be denied a license. The RMV will then request from Florida the details of the offense and apply it to his record in Mass and suspend accordingly. In short, do not visit an RMV for any reason until the suspension in FL is up. Althought the RMV does randomly run people through NDR prior to renewal so if your license is set to expire.....you may be found out. If you ever have a suspension in Mass for any offense covered under Melanie's law, the RMV will then do a nationwide check to ensure there are no others. SO it may come back to haunt you if offend again.

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