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.

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

 

 

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I think the driver can get an open alcohol container in vehicle as well.

Buddy of mine got a DUI on his record when he was 19 for a very similar situation. So my guess would be yes.

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.

Probably. Drinking age laws are idiotic. Lawyer up if you you can afford it.

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

 

 

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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

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.

one of the favorite pastimes of nj judges is to suspend drivers licenses

Big question is were you behind the wheel ?

2nd were the keys in the ignition switch ?

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.

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? 

No.

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.

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.

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.

Next time, go party in the woods like you're supposed to when you're underage.

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).

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...

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.

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..

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.

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?

Why did the Trooper go on his driveway to begin with?

he was on patrol NJ state police patrol Newgretna NJ

Key was not in  the ignition, car was parked in the PNC parking lot

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".

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. 

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.  

court today, was fine $1,000.00 and 33.00 court fee.  driver license was not suspended thank God

Jesus Christ. That sucks.

 

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