Underage Drinking Law Amended-NJSA 2C:33-15

Posted on October 6, 2009 by Tom Martin

The governor has signed into law a change to the underage drinking law codified under  NJSA 2C:33-15. The new change to the underage drinking law will provide statutory immunity to certain underage persons who drink alcohol while under the legal age. NJSA 2C:33-15 typically, prohibits either the drinking or possession of  alcohol by a person under the age of 21. The offense is a disorderly persons' offense and requires a minimum fine of $500.A conviction also mandates a six-month suspension of driving privileges when the offense arose in a vehicle. Under the amendment, immunity will apply if:

 

(1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) the underage person was the first person to make the 9-1-1 report; and

(4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The underage person who received medical assistance also shall [also] be immune from prosecution under NJSA 2C:33-15..

The change was implemented to remove the chilling effect and catch 22 for juveniles and young adults who want to get help for their peers, but fear legal consequences for drinking under the age. Many towns, Ocean Township by way of example, have their own municipal ordinances and or borough ordinances regulating this conduct. A Municipal ordinance can be punishable by a maximum of up to ninety days in jail and a $2000.00 fine. The real issue will be whether these state  immunities will apply to these lesser township offenses. I would argue that the town is bound by the statute; time will tell.
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Drug Arrest Follows Equipment Violation

Posted on August 8, 2008 by Tom Martin

LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.

Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.


 

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