Charged with Underage Possession of Alcohol at MetLife Stadium?
If you are charged with underage possession of alcohol at MetLife Stadium, it is important that you have an experienced New Jersey attorney by your side.
Underage Possession of Alcohol
Underage drinking is a serious offense. The legal age to purchase alcohol in New Jersey is 21. Anyone under the legal age caught possessing or consuming alcohol at MetLife Stadium faces criminal prosecution in New Jersey. Indeed, the seemingly minor charge involving an underage person caught drinking a beer at a Jets or Giants game, doing a shot at a concert or enjoying a margarita in the MetLife parking lot can result in a permanent criminal record. This can have a negative effect on college admissions and job applications.
The Law
New Jersey statute 2C:33-15 provides:
1. 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 New Jersey Motor Vehicle Commission 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.
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.
f. An underage person and one or two other persons shall be immune from prosecution under this section 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 be immune from prosecution under this section.
We Can Help
Our law firm has represented thousands of clients throughout the State of New Jersey. We have helped young people avoid the stigma of a criminal record. Contact us today for a free and confidential consultation. You can reach us at (732) 747-1844. You can also text attorney Al Mollo directly at (732) 567-2441, or e-mail amollo@mollolawfirm.com. Or simply click the button below for an instant consultation.
