Saint Michael 0 Posted July 30, 2013 In NJ if an 18 year old is drinking in a parked car but it is not his car and is ticketed for underage drink. Will this 18 year old have his driving privilege suspended for 6 month even if it was not his car? PS The owner of the car was in the car too. Quote Share this post Link to post Share on other sites
Purple Patrick 638 Posted July 30, 2013 Not familiar exactly with the law but yes anyone under the age of 21 will be punished for underage drinking no matter where they are.... Someone's car, someone's house, their own care or house it doesn't matter. If you are underage you are underage. Be lucky they don't get their license suspended untill they are 21 as is most of the cases I've heard This signature exceeds the 15 character capacity Quote Share this post Link to post Share on other sites
checko 180 Posted July 30, 2013 I think the driver can get an open alcohol container in vehicle as well. Quote Share this post Link to post Share on other sites
mikeyjones 88 Posted July 30, 2013 Buddy of mine got a DUI on his record when he was 19 for a very similar situation. So my guess would be yes. Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 30, 2013 NJ can take your driving license for underage gambling. I imagine they can do the same for underage drinking even if your not in a car. Get a lawyer. Quote Share this post Link to post Share on other sites
Albanian 121 Posted July 30, 2013 Probably. Drinking age laws are idiotic. Lawyer up if you you can afford it. Quote Share this post Link to post Share on other sites
Arbelest 29 Posted July 30, 2013 Not familiar exactly with the law but yes anyone under the age of 21 will be punished for underage drinking no matter where they are.... Someone's car, someone's house, their own care or house it doesn't matter. If you are underage you are underage. Be lucky they don't get their license suspended untill they are 21 as is most of the cases I've heard This signature exceeds the 15 character capacity False, you can legally drink underage in our own house/relatives house if your parent/guardian is there with you. If your caught drinking underage in a car, a house party, you will most likely have to take a substance abuse course and the judge may suspend our license till your 21 depending on the judge. YMMV Quote Share this post Link to post Share on other sites
pbkid6974 1 Posted July 30, 2013 Yes they can and will take your license if they want to. Underage drinking in a vehicle, Sometimes referred to a "baby dui". Not as bad as a real dui. Quote Share this post Link to post Share on other sites
heaterbob 53 Posted July 30, 2013 one of the favorite pastimes of nj judges is to suspend drivers licenses Quote Share this post Link to post Share on other sites
tony357 386 Posted July 30, 2013 Big question is were you behind the wheel ? 2nd were the keys in the ignition switch ? Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 30, 2013 Big question is were you behind the wheel ? 2nd were the keys in the ignition switch ? I think you are driving at a DUI under Title 39. Yes, intent to drive is enough to get you in trobule. So is letting a drunk drive your car. Underage drinking and losing your license doesn't have to have anything to do with a car. They will take your license if you are caught underage gambling in AC. No car need be involved. Quote Share this post Link to post Share on other sites
ryan_j 0 Posted July 30, 2013 So let's say I'm changing my oil in my private home's garage (all on private property) and having a beer while doing it. I sit in the driver's seat and I'm still having said beer. Is that illegal? Quote Share this post Link to post Share on other sites
Night Prowler 0 Posted July 30, 2013 So let's say I'm changing my oil in my private home's garage (all on private property) and having a beer while doing it. I sit in the driver's seat and I'm still having said beer. Is that illegal? Key in the ignition makes all the difference. Quote Share this post Link to post Share on other sites
Arbelest 29 Posted July 30, 2013 Big question is were you behind the wheel ? 2nd were the keys in the ignition switch ? I believe there is case law on that and it didn't matter. The guy was in passenger seat keys in ignition, and by himself of the side of the road. End result was DUI So let's say I'm changing my oil in my private home's garage (all on private property) and having a beer while doing it. I sit in the driver's seat and I'm still having said beer. Is that illegal? I am pretty sure you can still get charged with DUI on private property, in your garage changing your oil I don't think anyone will bother you Key in the ignition makes all the difference. Again I'm pretty sure there is case law on that and the totality of the circumstances will come into play. Next time I go home I will look it up (if I remember) it is a case study in one of my books. Quote Share this post Link to post Share on other sites
millsan1 3 Posted July 30, 2013 Underage drinking is a 6 month suspension, regardless of if you are in a vehicle or not. Underage drinking at a park, on a bench = 6 months suspension. Underage purchasing of alcohol = 6 month suspension. Quote Share this post Link to post Share on other sites
RobertJames 14 Posted July 30, 2013 Next time, go party in the woods like you're supposed to when you're underage. Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 30, 2013 So let's say I'm changing my oil in my private home's garage (all on private property) and having a beer while doing it. I sit in the driver's seat and I'm still having said beer. Is that illegal? Unless they've changed it DUI is the only MV statute you can be arrested for on private property in NJ. A drunk farmer driving his tractor in his field can be arrested for DUI in NJ. AFAIK you can't be charged with open container on private property if you're 21. Key in the ignition is only one factor in "intent to drive". Yes, there is case law on this but I can't remember it and I'm sure there is more since the last DUI arrest I made (1978). Quote Share this post Link to post Share on other sites
tony357 386 Posted July 30, 2013 If i remeber right if the key was not in the ignition they can only charge you with intoxication and intent to drive, if the key was in the ignition it is a DUI.. my brotherinlaw went through this in his driveway working on his car, he sat in the front seat trooper saw his beer, the key was in the ignition not running and he was charged with a DUI.. So yes you can be charged on your own property.. I am so glad i do not drink beer... Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 30, 2013 If i remeber right if the key was not in the ignition they can only charge you with intoxication and intent to drive, if the key was in the ignition it is a DUI.. my brotherinlaw went through this in his driveway working on his car, he sat in the front seat trooper saw his beer, the key was in the ignition not running and he was charged with a DUI.. So yes you can be charged on your own property.. I am so glad i do not drink beer... Once again, back in the 70s they did away with state statutes and city ordinances dealing with drunk and disorderly. Not against the law just to be drunk, you hsve to be doing something else. I never heard of an "intent to drive statute". If your BIL was charged with DUI he had to be drunk. Nothing illegal about drinking a beer while working on your car. Back in the 70s, there was no open container law in NJ. You could legally drink a beer while you were driving your car as long as you weren't drunk. Quote Share this post Link to post Share on other sites
tony357 386 Posted July 30, 2013 Once again, back in the 70s they did away with state statutes and city ordinances dealing with drunk and disorderly. Not against the law just to be drunk, you hsve to be doing something else. I never heard of an "intent to drive statute". If your BIL was charged with DUI he had to be drunk. Nothing illegal about drinking a beer while working on your car. Back in the 70s, there was no open container law in NJ. You could legally drink a beer while you were driving your car as long as you weren't drunk. this was 8 years ago..And yes he was over the legal limit but who expects to get a dui in their driveway with the hood open.. EDIT: if the key was not in the ignition he said he would not have the DUI.. Quote Share this post Link to post Share on other sites
Bob2222 316 Posted July 30, 2013 I am so glad i do not drink beer... I am so glad that when I was 18, it was still a free country. (Well, of sorts...) If laws had been like this when I was 18, I'd just be getting out of jail just in time to collect Social Security. Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 30, 2013 this was 8 years ago..And yes he was over the legal limit but who expects to get a dui in their driveway with the hood open.. EDIT: if the key was not in the ignition he said he would not have the DUI.. Why did the Trooper go on his driveway to begin with? Quote Share this post Link to post Share on other sites
tony357 386 Posted July 30, 2013 Why did the Trooper go on his driveway to begin with? he was on patrol NJ state police patrol Newgretna NJ Quote Share this post Link to post Share on other sites
Saint Michael 0 Posted July 31, 2013 Key was not in the ignition, car was parked in the PNC parking lot Quote Share this post Link to post Share on other sites
GRIZ 3,369 Posted July 31, 2013 Losing your license for under age drinking or gambling doesn't have to have anything to do with a car. You can try calling the prosecutor and ask if you can plead guilty to something where you don't lose your license. That may or not not work. If you get a lawyer he or she may be able to bargain with the prosecutor. Some lawyers have the attitude "I'm a lawyer and only deal with other lawyers". Quote Share this post Link to post Share on other sites
areacode201 4 Posted August 1, 2013 Did he have the keys to the car? Even if the car is not running, being inside the car with the keys is enough for a DUI in NJ. Quote Share this post Link to post Share on other sites
ktd1597 10 Posted August 1, 2013 underage consumption: does not have to be in a car, only a public place: 2C:33-15 The "Baby DWI" is different. Operating a motor vehicle with bac .01 to .07. Both carry license suspensions. Quote Share this post Link to post Share on other sites
Saint Michael 0 Posted August 14, 2013 court today, was fine $1,000.00 and 33.00 court fee. driver license was not suspended thank God Quote Share this post Link to post Share on other sites
checko 180 Posted August 14, 2013 Jesus Christ. That sucks. Sent from my DROID RAZR using Tapatalk 4 Quote Share this post Link to post Share on other sites