Underage Drinking Charges in Ocean Township
Ocean Township police broke up two underage drinking parties this past weekend. Saturday night, three Monmouth University students were having a party and police were called due to the noise. The students were charged with providing alcohol to minors and with a township noise ordinance. Seven other partygoers were given a violation of a township ordinance which prohibits underage drinking on private property. For more information, see the Asbury Park Press article.
The New Jersey statute which governs underage drinking charges is N.J.S.A. 2C:33-15 which provides in pertinent part:
§ 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.
As you can see, underage possession or consumption of alcohol is a disorderly persons offense in New Jersey. The maximum penalty for a DP is six (6) months in prison. Moreover, if convicted, this results in a permanent criminal charge on your record. However, it appears the police gave the partygoers a break in this case by writing them up for a violation of a municipal ordinance (which results in a fine and is not a permanent criminal charge) rather than a 2C violation. Many times underage consumption of alcohol charges are accompanied by underage DWI or adult DWI depending on the breathalyzer readings.
