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Narragansett Alcohol Offenses Dismissed
Home > Rhode Island Attorney Blog > 2013 > April > Narragansett Alcohol Offenses Dismissed
Posted By Robert Humphrey
In February of 2013, two clients were arrested by the Narragansett Police Department charged with misrepresentation of age (use of a fake ID) and transportation of alcohol respectively.
Pursuant to Rhode Island General Laws 3-8-6, use of a fake ID is defined as, it is unlawful for:
(1) A person who has not reached his or her twenty-first (21st) birthday to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or
(2) A person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
(3) A person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:
(i) An armed service identification card, valid passport, the identification card license, or any other documentation used for identification purposes that may belong to any other person who is twenty-one (21) years or older;
(ii) A motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by this state or any other state;
(iii) A Rhode Island identification card as defined in subsection (b) for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a minor.
The penalties if convicted include for the first offense by a mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall be further punished by thirty (30) hours of community service and shall be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by forty (40) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of three (3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by fifty (50) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of one year.
Pursuant to R.I.G.L. 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 while having liquor or intoxicating beverages in containers, opened or unopened, in any part of the vehicle. The law even applies to unopened bottles in the trunk of a vehicle. A person can still be charged and convicted of transportation of alcohol by a minor even if the alcohol was lawfully purchased by someone twenty-one (21) years or older.
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 charges were dismissed and both our clients are immediately eligible to have the charge expunged from their record.
If you or a family member has been charged with transportation of alcohol by a minor, use of a fake ID or other underage 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.
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