Underage Drinking and Disorderly
arrests at Brighton Bar 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
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