2C:33-15 ALCOHOL,. …POSSESSION/CONSUMPTION BY UNDER AGE PERSONS
You and your three (3) friends are nineteen (19) years old. One night the four (4) of you pile into your car and you drive them to a party. One of your friends has obtained a case of Budweiser and it is in the back seat. You decide that each of you will have one (1) beer before you go inside the party. What’s a party without a little brewski, eh?You park in front of the party location on the street. You turn off the car, take the keys out of the ignition and each of you grabs one (1) beer and starts drinking. Unbeknownst to you, officer copper got wind of the party and has been scoping out the place from a distant vantage point. When he spots a car full of kids passing around cans of beer he simply can’t control his urge to investigate. Suddenly you see a police car pull up behind your parked car. It’s a “déjà vu” moment as you suddenly remember that you were busted and your drivers license suspended last month for underage possession of alcohol. Have you just committed another serious criminal offense?
2C:33-15 ALCOHOL… …..POSSESSION/CONSUMPTION BY UNDER AGE PERSONS
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 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 the 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 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 as set forth in N.J.S.A. 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 to 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 the 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.33:21-6, 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.”
The answer to the question is YES. You’re still under twenty one (21) years of age and possessing and/or consuming alcoholic beverages is still a disorderly persons offense punishable by a fine of up to $500.00, possible jail time of a minimum of zero (0) days up to a maximum of one hundred and eighty (180) days plus a criminal record. N.J.S.A. 2C:43-8. However, since this violation took place in a motor vehicle, tour driving privileges will again be suspended for an additional six (6) months. Additionally, since you were driving while suspended (in violation of N.J.S.A. 39:3-40), you will be subject to an additional fine of a minimum of five hundred dollars ($500.00) and a maximum of one thousand dollars ($1,000.00), plus additional suspension of your driving privileges in a range of a minimum of six (6) months to a maximum of twenty four (24) months, plus possible jail time of ten (10) to ninety (90) days. Ouch! This is nothing to mess around with, not to mention the harm having a criminal record can have on your ability to secure gainful employment in the future.
If you’ve been charged with under age possession of consumption of alcoholic beverages, you need to retain a skilled and experienced attorney immediately to get the charges downgraded or dismissed.
