Legal Question in Criminal Law in New Jersey

underage drinking

A friend was given a summons for underage drinking...he was with some friends who were supposed to drive him home. He took some over the counter sleeping pills earlier and fell asleep in the car. He woke up to officers charging him with underage drinking. His friends were drinking but he was asleep. At the police station he was nodding in and out and doesn't recall the situation fully. He wasn't giving a breathalyzer. And he doesn't remember signing a statement {meaning he probably didn't sign one}. The other underage drinkers involved weren't given a summons and weren't charged with a crime. My friend has a criminal record and was on probation at the time. If he's charged with underage drinking he will also be charged with violation of probation and will spend up to 4 years in state prison. Is it legal to charge someone with drinking underage if the didn't admit they were drinking and the weren't given a breathalyzer?


Asked on 3/08/04, 11:07 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: underage drinking

I think you are asking if the police have strong proof of the "drinking" part of the underage drinking charge. Based on the information you have provided, the evidence the police have seems to be weak at best.

I feel certain that I can help your friend. You should have him call me right away.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 3/08/04, 11:19 pm


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