Underage Drinking and your License/Insurance

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<p>Penalties for underage drinking make sense to me. But a penalty for being present where alcohol is served to minors? That doesn’t make sense to me. The law has cast the net too wide.</p>

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But not my state.</p>

<p>“In our state as well as many others, a penalty for underage drinking or being present where alcohol is served to minors affects one’s license.”</p>

<p>What happens if they don’t have a license?</p>

<p>I have a hard time with laws that make it a crime to merely be present when underage drinking is going on. I think it’s hard enough with peer pressure for kids to be at a party and refrain from drinking; to ask them to leave and not be at the party at all (especially if it’s something like a prom party where all the other kids are present) is too much. Of course, this is not the case with the OP’s child, who has admitted to drinking. I’m not sure I’d say suck it up, because it could have expensive consequences, but if I hired a lawyer the child who was drinking would be paying for it.</p>

<p>As to the 18/19/21 drinking age debate - I don’t really care what the drinking age is, as long as it is uniform. Having grown up in Pennsylvania (drinking age 21) at a time when the drinking age across the river in New Jersey was 18, I can tell you that it’s a very dangerous situation. Looking back at the stupid things we did, it’s amazing there were not more casualties/fatalities on the bridges between PA and NJ.</p>

<p>^^^
Also grew up in PA (near the NY border - drinking age was 18 in NY) and heard lots of tragic stories.</p>

<p>And I live in Michigan which is a bridge away from Canada where the drinking age is 19. I would MUCH prefer that the kids in Michigan be allowed to drink here than cross the border.</p>

<p>Thanks to everyone for the responses, especially to itsv for the good input. To answer several questions that were raised: She is a first time offender and this happened at an off-campus fraternity or other similar house. The neighbors complained regarding noise (maybe the stereo was too loud) so the local police I’m sure felt obligated to do something and this was their response. She has hired a local attorney and is waiting for a court date to be set. This is supposedly a criminal infraction, which is less than a misdemeanor or felony. We are hoping the charge can be changed to something non-alcohol such as disturbing the peace which won’t trigger the motor vehicle notification or get removed with community service like was suggested. </p>

<p>From all the responses, I didn’t hear of many cases of kids getting hit with the most severe penalties such license suspension, something on their record or the large fees so that’s encouraging.</p>

<p>For the few that suggested suck it up, $5000 in fees plus loss of license and something on her record seems extremely excessive considering the circumstances. The legal/insurance system needs reform and a return to a drinking age of 18 makes sense to me for all the reasons given.</p>

<p>Good luck to you marksc. I believe it will all depend on the judge. At my son’s school, the judges are extremely strict. From what I understand, they NEVER waive license suspensions. Now here in our local area, we have a number of colleges, and I know several kids who were caught and did not have licenses suspended. So, it really varies, even within state. All the best…</p>

<p>So there is a little sanity in the world after all. She went to court a little way back and talked to the prosecutor who offered her nolle prosequi which is basically an agreement to not pursue the case in return for some community service and if she stays out of trouble for 13 months. Not even a fine. A number of the kids at the party with the same infraction received the same. I think the prosecutor realized this was a bad deal on the part of the police and was lenient, thank goodness. She had to travel back to school which was a pain but in the end it soooo much better than it could have been.</p>

<p>Thanks for the update. Glad the prosecutor used some common sense.</p>

<p>I am personally glad that the police handed out tickets/summons. If I was a young person, and was ticketed, I’d sue the pants of the owner of the residence and the people sponsoring the party. If you have do pay, They have to pay more.</p>

<p>Sounds like a good resolution to me…</p>

<p>wow… thanks for sharing this situation… I am constantly telling my youngest that anything against the law is against the law… and that nothing is worth these types of consequences…</p>

<p>we have stated in our house that any infraction will automatically cause us to drop our kids from our insurance immediately… which is a very specific and real consequence that will impact their freedom to drive… this got their attention and I encourage all parents to take a similar position… </p>

<p>for all the kids claiming they want us parental units to back off, this is one instance where we are trying to put responsibility for one’s actions squarely on the shoulders of our kids…</p>

<p>I personally think that the drinking age should be set at 19… and cars should be immediately impounded from any and all drunk drivers… that would seriously change behavior.</p>

<p>mainparent…I agree about being more serious about drunk drivers.
IMO, the consequences of walking home after drinking one beer and driving home after drinking 5 beers are too close. One, yes, is against the law, but the driving infraction is SERIOUS. Yet, both result in suspension of ones driver’s license - in our state, and that suspension stays on your drivers record for 10 YEARS, with no way to get it off. That’s just crazy, IMO.
In any case, kids need to be aware of these consequences so they can make an informed decision on taking a risk…or NOT.
In any case, as parents and kids look at schools, it’s helpful to know what their approach is to this issue. Many look the other way except in serious cases or impaired driving. Other slap citations on tons of kids. For example, PSU hands out close to 1000 every year. Great source of revenue for State College and the University. Beware.</p>

<p>Tone, your message implies that PSU WANTS kids to drive drunk as a source of revenue? You surely can’t mean that.</p>

<p>I think the more collaborations between colleges and local law enforcement the better. It is illegal to sell a keg of beer in Cambridge MA and I say hurrah. The college kids complain, but it’s harder to get your friends drunk in a hurry when you’re doling out cans vs. serving a keg. It is disengenuous for the U’s to claim that they take underage drinking seriously when they don’t use their enormous political and financial clout with their local governments to crack down at the point of sale on egregious violations of liquor laws.</p>

<p>Haven’t read through this entire thread, but responding to the OP I would say don’t worry too much about it. Drinking tickets are no big deal, and any good attorney will be able to get it dropped or dismissed in no time. I went to high school in a state that was notoriously tough on underage drinkers, got 2 drinking tickets in high school and both were dismissed. I would say about 80% of my friends also got drinking tickets, either in high school or in college before they turned 21, and none of them were ever convicted. </p>

<p>Just lawyer up and it will be fine.</p>

<p>no blossom, most certainly did not mean that. The close to 1,000 citations per year are for underage drinking…NOT driving while drunk (although there are a fair number of those too and that’s where I think most of the focus SHOULD be). My s has multiple friends with UA citations…some caught walking home…others caught (maybe not even drinking) at dorm parties. It’s really quite common.
The number of kids drinking at PSU is high…no doubt about it. They’re trying to bring that drinking rate down, but roaming the streets and handing out citations is doing nothing. And that’s not the approach that many schools take (the Ivies for example are notorious for being lenient on underage drinking). </p>

<p>Cuse…the lawyers at State College would differ with what you say. The judges don’t let ANYONE off on these charges. Every single one of my son’s friend’s who has been caught had their drivers license suspended for 3 months…lawyer or no lawyer.<br>
I think it’s too much. Focus on the drunk drivers and the kids who can’t walk and are a danger to themselves. That’s just fine. Increase those fines even. But I think the process of picking lots of kids off for underage drinking is just wrong…especially given the consequences. And yes, it IS a revenue enhancer for sure.</p>

<p>Tone, my point was that the focus ought to be on the folks who sell liquor to minors. If those fines had teeth in them, you’d see the supply shrivel up pretty quickly. Not 100%- there are enough 21 year old’s on campus to supply their 18 year old friends-- but PSU has enough political clout to work the other end of the equation i.e. who is selling all this beer to minors?</p>

<p>And I’d love to see evidence that roaming the streets and handing out citations is doing nothing. Surely there is at least one kid in State College who doesn’t want to risk their future career by underage drinking?</p>

<p>One thing I paid attention to when we visited colleges was whether a school allowed police on campus. I also paid attention to school’s policy on drinking and whether they got local polic involved. If so, I preferred if my daughter didn’t apply.</p>

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<p>Wow…that is miserable. Sounds like the legal system is a little ridiculous up there. Our cops down here in NC go to ridiculous lengths to bust underage drinkers (including dressing like frat guys and going to their parties or posing as bums waiting for a bus), but once caught, our legal system usually gives you a break. I had no idea the judges were so difficult in State College, PA.</p>