NJ Underage Drinking Law May Include Amnesty Provision

Posted on May 8, 2009 by John Marshall

Various youth organizations have been pushing for an amnesty provision under the New Jersey Underage Drinking Law, N.J.S.A. 2C:33-15. Currently, a minor is guilty of a Disorderly Persons Offense if he or she possesses or consumes alcohol while being under the legal drinking age of 21 years old.  While such a violation is not a crime, a conviction nevertheless gives rise to a record. 

The Legislature of NJ is considering an exception under the statute for those who are "outed" as a result of calling for police assistance. The proposal would grant immunity to those under 21 if they call police because another underage drinker needs medical assistance. Proponents claim that the exception is needed to eliminate the chilling effect which currently exists for those underage to summon the police.

Underage drinking arrests are on the rise in NJ. Police are aggressive in enforcing N.J.S.A. 2C:33-15 and I think that some even see this as an opportunity to attack other issues. The honest truth is, however, that our attorneys are overwhelmingly successful in getting these offenses downgraded and/or dismissed under the current law.

Tags: , ,

Underage Drinking Crackdowns Continue in Ocean NJ

Posted on May 5, 2009 by John Marshall

We have been representing underage drinkers, mostly Monmouth University and Rutgers students, in New Brunswick, Ocean Township, West Long Branch, and Deal Municipal Courts for many years now. The associated charges usually involve underage drinking and, in some instances, providing alcohol to individuals under the legal drinking age. The typical scenario for police involvement is a noise complaint, someone acting disorderly, or simply some one giving the police a tip. We routinely witness instances like these in areas surrounding Monmouth University and Rutgers, and a story about such a drinking encounter was even recently published in the Asbury Park Press. The related arrests give rise to not only criminal charges but college disciplinary action.

We witness the horror of parents first hand when they realize that their child is facing a criminal charge after investing upwards of 40K for their college.  Thankfully, we are successful in almost all situations in having the charges downgraded to a non-criminal charge, often a municipal violation. This outcome allows the student to avoid a criminal record, something crucially important to their future.

Tags: , ,