Underage
drinking and Disorderly arrests at Jersey Shore towns and bars and legal
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Vercammen’s Law Office represents people charged with criminal and juvenile
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2C:33-15 Underage Possession/Consumption
Alcohol
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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.
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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.
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:
Eluding Officer
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.
Employing a Juvenile
in the Commission of a Crime
Any person who is a least 18 years of age who
knowingly uses, solicits, directs, hires, employs, or conspires with a person
who is in fact 17 years of age or younger to commit a criminal offense is
guilty of a crime.(2C:24-9)
• A
crime of the fourth degree.
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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