Updated Youth and the Law
Questions and Answers

 

Questions
Answers

1. What happens if I get caught smoking?

1. The legal age for smoking is 18. If you are caught smoking you can be given a citation.


2. What would happen if I attended a party that was interrupted by police where there were minors drinking but I wasn't drinking. Would I be considered "guilty" for being present at the event?


2.Vermont Law

It is up to the police officer's discretion but generally in Vermont (NH is different) if a minor attends a party where there is underage drinking and that party is interrupted by police and that minor is not doing anything wrong, they will most likely be allowed to leave after being identified.

If that minor came with someone who had been drinking then the minors' parents would possibly be called to pick them up. Anyway the parents would eventually be notified that their child was at a party where there was underage drinking and the police responded.

We do not want to stop these kids from having parties or having fun, we want to stop them from unsafe behavior like drinking, doing drugs, or any other illegal activity that occurs with large groups of kids, etc..

New Hampshire Law

It is up to the discretion of the police officer, however, the majority of the time all party goers under age 21, whether they have been drinking or not, will be taken into "protective custody". That usually means that the youth are brought to the police station and their parents are called to pick them up. If there are many young people at a party, police officers have been known to contact parents via the police dispatch and have them pick up their child at the site of the party. Youth who were not drinking will not be charged.

If the officer suspects that you have been drinking, s/he will take you to the police station and you will most likely be arrested.

As of January 1, 2003 in New Hampshire if a police officer believes that minor youth is drunk s/he can arrest the youth for possession of alcohol,even if there is no open alcohol container nearby.

3. CHANGES TO THE NEW HAMPSHIRE DRIVING LAWS SECTION

During the first 6 months after being issued an youth operator's license.

As of January 1, 2003 the holder of a youth operator's license MAY drive alone or with one other non family person under the age of 25 during the first six months. The youth operator may also transport more than one family member under the age of 25 without an adult. The youth operator MUST have a licensed adult over the age of 25 in the car if s/he wants to transport more than one non-family person under the age of 25.

This restriction does not apply to drivers who are over 18 years of age.

4. UPDATED VERMONT DRIVING LAWS SECTION

 

  • Section 656 of the new law makes it a civil violation rather than a criminal offense, for some minors to use alcohol.

  • Section 657 of the new law increases the penalties if you get caught using alcohol again before you are 21. In this case, you will be charged with a crime and cited into District Court.

Section 656 of the new law makes it a civil violation rather than a criminal offense, for some minors to use alcohol.

Specifically, persons aged 16 to 20 caught consuming, possessing, or attempting to obtain alcoholic beverages for the first time will be given a ticket. When the Judicial Bureau receives your payment for the ticket they will send you a notice in the mail, instructing you to contact the Teen Alcohol Safety Program (TASP) at the Diversion office in the county where you were caught. If you don't contact the program within a week, your driver's license/permit or your right to operate may be suspended.

When you contact the TASP, they will set a date for you to meet with a citizen Review Board, which will review your case. You will be asked to pay a $100 administrative fee, and to sign a contract, which commits you to various actions appropriate to your situation.

The new law also says that, regardless of other requirements imposed by the TASP (such as community service, AA meetings and so on), the program must refer you to a professional for an alcohol assessment, and ensure that you follow through with the counselor's recommendations.

If you don't complete the assessment or counselor's recommendations you will lose your license for up to 90 days. If you don't complete other requirements you will lose your license for 30 days.

If you lose your license you will have to pay reinstatement fees for each suspension.

If you get caught driving while you license is suspended, your insurance will

There is a fine for civil violations of underage drinking laws. Section 656 says the fine can be as high as $300.

Section 657 of the new law increases the penalties if you get caught using alcohol again before you are 21. In this case, you will be charged with a crime and cited into District Court.

At that point, the State's Attorney may choose to refer your case to Diversion. If so, the law states that, as a condition of referral to Diversion, you must relinquish your license to the TASP and not drive for 60 days.

You must also attend the CRASH program, at your own expense ($300), and then, of course, complete all tasks assigned by the Diversion Board.

he State's Attorney's office may feel that you didn't learn the first time and you don't deserve the chance to do Diversion now. In that case, if you are convicted, you will lose your license for up to 120 days, attend CRASH, and pay up to $600 in fines.

The staff and volunteers of the Windsor County Court Diversion Program and the

Teen Alcohol Safety Program very much welcome teens on their case review boards. If you would like to volunteer, please call us at 295-5078.


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