OUR HIGHLY ACCOMPLISHED TEAM IS
READY TO FIGHT FOR YOU
READY TO FIGHT FOR YOU
Point Pleasant Beach Underage Alcohol Possession or Consumption
Underage Drinking Attorney in Point Pleasant Beach NJ
With nightlife hotspots like Jenkinson’s and Martell’s Tiki Bar, and some of the busiest beaches and boardwalks on the Jersey Shore, there is considerable alcohol consumption that takes place in the Borough of Point Pleasant Beach. Unfortunately, these activities include not only individuals that are 21 years of age or older, but also underage individuals. In fact, literally hundreds of underage alcohol possession and/or consumption tickets are issued every year in the municipality. We know this all too well as one of our attorneys, Matthew Dorry, is the former prosecutor in Point Pleasant Beach Municipal Court. We also happen to employ a team of of lawyers that has been defending underage drinking charges throughout Ocean County for over 100 years combined. To speak to an attorney who is highly knowledgeable in what it takes to successfully defend an underage possession of alcohol or consumption offense in Point Pleasant, contact our office. A lawyer is available 24/7 for free consultations at 732-286-6500.Consuming or Possessing Alcohol in Violation of N.J.S.A. 2C:33-15
Most of the time that this offense is signed by a police officer, it involves an alleged violation of 2C:33-15. This charge is a disorderly persons offense, the equivalent of a misdemeanor. Nonetheless, it will show as a conviction on a criminal background check. N.J.S.A. 2C:33-15 provides as follows:§ 2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
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 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 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.
While the ramifications of a 2C:33-15 conviction can significantly impact an individual’s life, our defense lawyers normally avoid this outcome. This is important since a conviction for this disorderly persons offense carries penalties that include a $1,000 fine and up to 6 months in the Ocean County Jail. You will also have a criminal record that cannot be expunged for at least five years.
Ordinance Violation Under 4.8: Consumption by Underaged Persons on Private Property
The police in Point Pleasant Beach, as well as its prosecutor, have the ability to file an underage alcohol offense as an ordinance. Point Pleasant Beach has, in fact, adopted an extensive ordinance to address consumption, as well as possession, of alcohol underage. The ordinance provides that:
4-8.1. Definitions:
Guardian shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
Relative shall mean the underage person’s grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
4-8.2. Consumption of Alcoholic Beverages by Underage Person on Private Property Prohibited. It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
4-8.3. Violations and Penalties.
a. Any person found guilty of violating the terms of this section shall be subject to a fine of two hundred fifty ($250.00) dollars for a first offense and a fine of three hundred fifty ($350.00) dollars for any subsequent offense. In addition, the court may, upon a finding of guilt, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person’s drivers license, 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 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. If the defendant at the time of the imposition of the sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason 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.
b. 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 set forth in N.J.S.A. 39:3-40. The defendant 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 the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
c. If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident 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 nonresident 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.
4-8.4. Exceptions.
a. This section shall not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
b. This section shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the revised statutes 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; however, this ordinance shall not be construed to preclude the imposition of a penalty under this Section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.