Arrested at Blue Mirror Restaurant & Lounge and legal representation
Kenneth
Vercammen’s Law Office represents people charged with criminal charges,
underage drinking and juvenile offenses. We provide representation
throughout New Jersey. Criminal charges can cost you. If convicted, you
can face high fines, jail, Probation and other penalties. Don't give
up! Our Law Office can provide experienced attorney representation for
criminal violations. We also help represent persons who are injured at
bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.
Disorderly
conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty
disorderly persons offense, if with purpose to cause public
inconvenience, annoyance or alarm, or recklessly creating a risk thereof
he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b.
Offensive language. A person is guilty of a petty disorderly persons
offense if, in a public place, and with purpose to offend the
sensibilities of a hearer or in reckless disregard of the probability of
so doing, he addresses unreasonably loud and offensively coarse or
abusive language, given the circumstances of the person present and the
setting of the utterance, to any person present.
"Public" means
affecting or likely to affect persons in a place to which the public or a
substantial group has access; among the places included are highways,
transport facilities, schools, prisons, apartment houses, places of
business or amusement, or any neighborhood.
Other relevant laws:
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
• Simple assault is a disorderly persons offense unless
committed in a fight or scuffle entered into by mutual consent, in which
case it is a petty disorderly persons offense.
Resisting Arrest:
It is a criminal offense in the State of New Jersey (2C: 29-2) for a
person to purposely prevent a law enforcement officer from effecting a
lawful arrest.
• A crime of the fourth degree.
Hindering Apprehension or Prosecution
A
person commits an offense(2C:29-3) if with purpose to hinder the
detention, apprehension, investigation, prosecution, conviction, or
punishment of another for any crime or motor vehicle violation.
• Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.
2C:33-15 Underage Possession/Consumption Alcohol
2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a.
Any person under the legal age to purchase alcoholic beverages who
knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage in any school, public conveyance, public place,
or place of public assembly, or motor vehicle, is guilty of a disorderly
persons offense, and shall be fined not less than $500.00.
b.
Whenever this offense is committed in a motor vehicle, the court shall,
in addition to the sentence authorized for the offense, suspend or
postpone for six months the driving privilege of the defendant. Upon the
conviction of any person under this section, the court shall forward a
report to the Division of Motor Vehicles stating the first and last day
of the suspension or postponement period imposed by the court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating a
motorized bicycle, shall commence on the day the sentence is imposed and
shall run for a period of six months after the person reaches the age
of 17 years.
If a person at the time of the imposition of a
sentence has a valid drivers license issued by this State, the court
shall immediately collect the license and forward it to the division
along with the report. If for any reason the license cannot be
collected, the court shall include in the report the complete name,
address, date of birth, eye color, and sex of the person as well as the
first and last date of the license suspension period imposed by the
court.
The court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in R.S.39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S.39:3-40.
If the
person convicted under this section is not a New Jersey resident, the
court shall suspend or postpone, as appropriate, the non-resident
driving privilege of the person based on the age of the person and
submit to the division the required report. The court shall not collect
the license of a non-resident convicted under this section. Upon receipt
of a report by the court, the division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or
postponement.
c. In addition to the general penalty
prescribed for a disorderly persons offense, the court may require any
person who violates this act to participate in an alcohol education or
treatment program, authorized by the Department of Health and Senior
Services, for a period not to exceed the maximum period of confinement
prescribed by law for the offense for which the individual has been
convicted.
d. Nothing in this act shall apply to
possession of alcoholic beverages by any such person while actually
engaged in the performance of employment pursuant to an employment
permit issued by the Director of the Division of Alcoholic Beverage
Control, or for a bona fide hotel or restaurant, in accordance with the
provisions of R.S.33:1-26, or while actively engaged in the preparation
of food while enrolled in a culinary arts or hotel management program at
a county vocational school or post secondary educational institution.
e.
The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall
apply to a parent, guardian or other person with legal custody of a
person under 18 years of age who is found to be in violation of this
section.33:1-81. Underage drinking and Misrepresenting age to induce
sale or delivery to minor; disorderly person
Underage drinking and Misrepresenting age to induce sale or delivery to minor
33:1-81. It shall be unlawful for:
(a) A person under the legal age for purchasing alcoholic beverages 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, any alcoholic beverage; or
(b) A person under
the legal age for purchasing alcoholic beverages 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 any alcoholic beverage; or
(c) Any person
to misrepresent or misstate his age, or the age of any other person for
the purpose of inducing any licensee or any employee of any licensee,
to sell, serve or deliver any alcoholic beverage to a person under the
legal age for purchasing alcoholic beverages; or
(d) Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his age
have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon
conviction thereof, shall be punished by a fine of not less than
$500.00. In addition, the court shall suspend or postpone the person's
license to operate a motor vehicle for six months.
Upon the conviction of any person under this section, the court shall
forward a report to the Division of Motor Vehicles stating the first and
last day of the suspension or postponement period imposed by the court
pursuant to this section. If a person at the time of the imposition of a
sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege of
operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17 years.
If a person at the
time of the imposition of a sentence has a valid driver's license issued
by this State, the court shall immediately collect the license and
forward it to the division along with the report. If for any reason the
license cannot be collected, the court shall include in the report the
complete name, address, date of birth, eye color, and sex of the person
as well as the first and last date of the license suspension period
imposed by the court.
The court shall inform the
person orally and in writing that if the person is convicted of
operating a motor vehicle during the period of license suspension or
postponement, the person shall be subject to the penalties set forth in
R.S. 39:3-40. A person shall be required to acknowledge receipt of the
written notice in writing. Failure to receive a written notice or
failure to acknowledge in writing the receipt of a written notice shall
not be a defense to a subsequent charge of a violation of R.S. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate given the
age at the time of sentencing, the non-resident driving privilege of the
person and submit to the division the required report. The court shall
not collect the license of a non-resident convicted under this section.
Upon receipt of a report by the court, the division shall notify the
appropriate officials in the licensing jurisdiction of the suspension or
postponement.
In addition to the general penalties prescribed
for an offense, the court may require any person under the legal age to
purchase alcoholic beverages who violates this act to participate in an
alcohol education or treatment program authorized by the Department of
Health for a period not to exceed the maximum period of confinement
prescribed by law for the offense for which the individual has been
convicted.
33:1-81.1. Hearing; attendance by parent or guardian; subpoena
In any hearing for a violation of section 33:1-81 of the Revised
Statutes the court in its discretion may require the attendance at such
hearing of a parent or guardian, if there be no parent, of the minor
charged with such violation if such parent or guardian is a resident of
the State and may, in its discretion, compel such attendance by
subpoena.
33:1-81.1a. Violations by parent, guardian, notification, fine
A parent, guardian or other person having legal custody of a person
under 18 years of age found in violation of R.S. 33:1-81 or section 1 of
P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in
writing. The parent, guardian or other person having legal custody of a
person under 18 years of age shall be subject to a fine in the amount
of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of
P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is
shown that the parent, guardian or other person having legal custody
failed or neglected to exercise reasonable supervision or control over
the conduct of the person under 18 years of age.
Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.
Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It
is a criminal offense in the State of New Jersey (2C:33-17b) to make
your home or property available for the purpose of allowing minors a
place to consume alcohol.
(Exemptions: Any underage person or
persons who possesses or consumes alcoholic beverages in connection with
religious observance, ceremony or right or consumes or possesses an
alcoholic beverage in the presence of and with the permission of the
parent , guardian, or relative who has attained the legal age to
purchase and consume alcoholic beverages.)
• A fine of up to $1.000 and /or up to 6 months imprisonment.
Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It
is a criminal offense in the State of New Jersey (2C: 35-10) for any
person knowingly or purposely, to obtain , or to possess actually or
constructively, a controlled dangerous substance or controlled substance
analog.
• Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.
Drug possession by motor vehicle operator
No
person shall operate a motor vehicle on any highway( 39:4-49.1) while
knowingly having in his possession or in the motor vehicle any
controlled dangerous substance.
• A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.
No consumption of alcoholic beverages in motor vehicles
A
person shall not consume an alcoholic beverage while operating a motor
vehicle. A passenger in a motor vehicle shall not consume an alcoholic
beverage while the motor vehicle is being operated.( 39:4-51a)
• A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
Prohibition of possession of open, unsealed alcoholic beverage container
All
occupants of a motor vehicle located on a public highway, or right of
way of a public highway, shall be prohibited from possessing any open or
unsealed alcoholic beverage container.(39:4-51b)
• A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
Mandatory Forfeiture or Postponement of Driving Privileges
Every
person convicted of or adjudicated delinquent for a violation of
certain offenses (2C:35-16) shall forfeit his right to operate a motor
vehicle over the highways of this State for a period to be fixed by the
Court at not less than 6 months or more than 2 years which shall
commence on the day the sentence is imposed.
CONCLUSION
If charged with any criminal offense, immediately schedule an
appointment with a criminal trial attorney. Don't rely on a real estate
attorney, public defender or a family member who took a law class in
school. When your life and career is on the line, hire the best attorney
available.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
