If you’re charged with Underage Drinking/Possession of Alcohol, or one of the statutes listed below, in New Jersey, you need legal representation. In New Jersey it’s illegal for anyone under 21 to possess, purchase, or consume alcohol. And now is the time of year, due to the warm weather, school summer vacation, trips to the shore and parties, that we see a significant increase in people being charged with these offenses. The Underage Drinking Enforcement Training Center, found that underage drinking cost the citizens of New Jersey 1.5 billion dollars in 2010, of which 600 million dollars was spend exclusively on medical care. Three out of four high school students reported that they had consumed alcohol, and underage alcohol consumption amounts to 18.1% of all alcohol that was sold in New Jersey in 2009. In addition, during 2009 an estimated 21 traffic fatalities and 2,183 nonfatal traffic injuries were attributable to underage drunk drivers, aa well as an estimated 39 homicides, 16,200 nonfatal violent crimes including rape, robbery and assault, and 35,500 property crimes including burglary and car theft. Many people who are charged with these offenses don’t seem to take them seriously, and treat the like a minor traffic ticket. However, violators can face serious consequences, including criminal charges and penalties.
Here’s a list of the possible charges and penalties:
N.J.S.A. 2C:33-15 - under the legal age to purchase, possess or consume alcoholic beverages.
NJSA 33:1-81 - Misrepresenting age to induce sale or delivery to minor.
NJSA 2C:21-2.1 – Using a Fake I.D. to purchase alcohol or tobacco or to gain admittance to a bar, you may receive fourth degree criminal charges, and in some circumstances a third degree crime, meaning a possible jail term of up to 5 years!
N.J.S.A. 2C:28-7 – Altering a genuine government document, such as a drivers license.
NJSA 39:4-50 – Unlike an adult, who must be shown to have a .08% BAC to be convicted of a DUI, a minor can be found guilty of DUI, with a BAC of 0.01%., and an underage person who is convicted of DUI will face the same penalties as an adult .
Local Ordinances – Local towns may have their own ordinances against the same or similar conduct as the above statutes.
PENALTIES
The potential penalties for any of the above charges are significant:
- Jail*
- License Suspension
- Significant Fines
- Alcohol Treatment
-Criminal Record* (anyone 18 or above will have an adult criminal record)
*unless there have been prior DUI convictions, or the case involves aggravating circumstances, a DUI will usually not result in Jail, and never results in a criminal record.
Some Defenses:
Although there may be many other defenses that apply to your particular case, New Jersey recognizes four main exceptions to the general rule prohibiting minors from possessing or consuming alcohol:
- Adult family members – Someone who is under the age of 21 may possess and consume alcohol with the permission, in the presence, and on the property of an immediate adult family member.
- Religious participation – There are certain religious ceremonies that include alcohol, a minor may possess and consume alcohol in connection with a religious observance, right, or ceremony.
- Employment or education – Minors may possess—but not consume—alcohol during the course of employment in an establishment licensed to sell alcohol, and as students in a licensed culinary arts or hotel management program.
- Assisting an underage person - one or two other persons shall be immune from prosecution under this section if:
(2)the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
(3)the underage person was the first person to make the 9-1-1 report; and
(4)the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
The underage person who received medical assistance also shall be immune from prosecution under this section.(2)the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
(3)the underage person was the first person to make the 9-1-1 report; and
(4)the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
The underage person who received medical assistance also shall be immune from prosecution under this section.
I HAVE OVER 25 YEARS EXPERIENCE HANDLING THESE TYPES OF CASES. IF YOU'VE BEEN CHARGED WITH A CRIME, CALL MY OFFICE FOR A FREE CONSULTATION. I'LL EXPLAIN THE CHARGES, AND HOW I CAN HELP YOU
All the Best!.
Randy C. Redden
(856) 448-6200
(856) 904-3345
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