Charged With an Alcohol Related Offense?
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Municipal Law Attorney
Alcohol related charges are rampant in our Municipal Courts. The law provides that it is unlawful for:
“A person under the legal age to purchase alcoholic beverages or to enter any licensed business for the purpose of purchasing, or having served to him or her any alcoholic beverage”.
In addition, a person under the legal age for purchasing alcoholic beverages cannot consume any alcoholic beverage on premises or to purchase, attempt to purchase or have another purchase any alcoholic beverage for him or her.
If you misrepresent or misstate your age, or the age of any other person for the purpose of inducing another or a liquor store employee, to sell, serve or deliver to you any alcoholic beverage or to a person under the legal age, you are guilty of violating this law.
If charged and convicted in Municipal Court, you will be considered a disorderly person, and punished by a fine of not less than $500. In addition, the Municipal Court Judge is required to suspend or postpone your license to operate a motor vehicle for six months from the date of conviction.
The Judge will forward your conviction to the New Jersey Division of Motor Vehicles listing the first and last day of the suspension or postponement. If at the time of the sentence you’re less that 17 years of age, the period of license postponement starts on the day the sentence is imposed and runs for a period of six months after the person reaches the age of 17 years.
If you have a valid New Jersey driver’s license issued by the state of New Jersey, the court will immediately collect your license and forward it to the division of motor vehicles. If you fail to produce your license, the court will include in the report your complete name, address, date of birth, eye color and sex of a person as well as the first and last date of the license suspension period imposed by the court.
If you’re convicted but not a New Jersey resident, the court will suspend or postpone the non-resident driving privilege of the person and submit to the division the required report. The court will not collect the license of a non-resident, but the division of Motor Vehicles will notify the appropriate officials in the state of residency of the suspension or postponement.
If you have any questions not addressed here, contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or e-mail him at email@example.com. He will be happy to meet with you to address your charge(s).