New Jersey Traffic and Criminal Law

Narrow exception to law prohibiting under-aged drinking

Yesterday, Governor Corzine signed into law an amendment to the statute that prohibits underage drinking.  While the amendment serves a noble public policy objective, the new law will probably have limited practicality.

N.J.S.A. 2C:33-15 generally prohibits either the consumption or possession of alcoholic beverages by a person under the age of 21.  The limited exceptions to the law against possession and consumption may, for example, include a beer at Thanksgiving under parental supervision or a thimble of wine during Communion.

Otherwise, getting caught with alcoholic beverages when under the age of 21 may result in a Disorderly Persons conviction and a six month loss of driving privileges, if the offense occurs in a motor vehicle.

The new law now provides for immunity to underage persons who call 9-1-1 and report that another underage person is in need of medical assistance due to alcohol consumption.  The immunity applies to those acting in concert, as long as the under-aged person is the first to call 9-1-1.  And the under-aged caller must remain on the scene and cooperate with the police and emergency personnel.

So, if you want to be the Good Samaritan when someone needs medical assistance after drinking alcohol, please remember the following: a.) check to make sure they are under 21 years old; b.) make sure that it is alcohol that is causing the medical emergency; c.) that no one over 21 years has already called 9-1-1; d.) that you call 9-1-1, instead of a local police number, for example; and e.) that you remain on scene and cooperate.

In all seriousness, be responsible and be safe.  Avoid gatherings and parties where alcoholic beverages are being served to under-aged persons.  If for no other reason, then because you might get the narrow exceptions wrong!

 

With court monitored alcohol rehab, certain criminal charges may be dismissed

       Several years ago, I watched a young man enter the courtroom accompanied by sheriff's officers and donning leg shackles.  He stood before the judge on a particular charge, probably a disorderly conduct offense of some type.

     Wearing the standard prison jump suit and being closely guarded by the officers, he explained his unlawful conduct.  "Judge," he said, "every time I drink alcohol, I have an allergic reaction and 'break out' in this bright orange suit."  For those of us who have never spent a night incarcerated, bright orange suits are customarily used by jails to easily identify inmates.

       Although he was not the most eloquent or articulate fellow, he made a good point-- one that the New Jersey Legislature recognizes as legitimate.  And, that is, alcohol and alcohol abuse often lead to serious legal problems.  It can make otherwise decent people behave poorly.

       In New Jersey, a person charged with a minor offense (like assault or disorderly conduct, for example) can have their charge dismissed under the New Jersey Alcohol Treatment and Rehabilitation Act or ATRA under certain circumstances.

       For the sake of simplicity, the accused must admit that he or she has an alcohol problem, seek counselling and treatment from a qualified professional and follow all recommendations of that professional. 

        For those who really don't care to rehabilitate, this can be a burdensome undertaking.  But for those who truly desire to treat their problems, it is a great way to "kill two birds with one stone".