Can You Drive With Unopened Alcohol Under 21
Topic:
AGE OF MAJORITY; JUVENILES; DRIVER LICENSES; LEGISLATION; MOTOR VEHICLES; LIQUOR; FINES;
Location:
AGE OF MAJORITY; LIQUOR;
| June 29, 2006 | 2006-R-0362 | |
| PENALTIES FOR POSSESSION OF ALCOHOL Past | ||
| By: James J. Fazzalaro, Principal Analyst | ||
You asked what penalties apply if a 17-year old is cited for possession of alcohol in a motor vehicle. You also wanted to know if the penalties differ for a 17-yr sometime versus an 18-year sometime in this situation. The circumstances you lot cite are that the minor was arrested for possession of booze only was neither operating the vehicle nor behind the bicycle at the time. You also wanted to know if the person will be required to file a document of financial responsibility upon reinstatement of his license.
Although we cannot be sure because we do not know all of the facts in the situation you lot described, information technology appears that either of 2 laws could exist involved. In neither case would the penalty differ for an xviii- versus a 17-yr old since the laws apply equally to anyone under the legal drinking historic period, which is 21 years. Under one of the laws, anyone under legal drinking historic period who is not accompanied past his parent or guardian and operating a motor vehicle in which a police officer finds alcoholic liquor tin can exist summoned by the police force officer to appear at a hearing at the Department of Motor Vehicles (DMV) to show cause why his license should not be revoked. If the hearing officer finds that the small-scale knew or had reason to know that liquor was in the vehicle, he may revoke the minor ' s license for up to 60 days. Anyone over age 18 whose employment involves services for a liquor let holder is exempt from the law (CSG � 14-111a).
It is illegal for whatever minor to possess alcoholic liquor. In this context, a small-scale is considered to be anyone nether age 21. Until the law was changed by PA 06-112, this prohibition practical to possession on whatever street or highway or in any public identify or place open up to the public. PA 06-112 expands the prohibition, effective Oct 1, 2006, to all public or private holding (CGS � thirty-89 as amended past PA 06-112). (CGS � thirty-89 also makes it illegal for a minor to buy or attempt to purchase alcohol or to make whatever fake statement in social club to procure alcohol.) Currently, the penalty for possession of booze by a minor is a fine of $200 to $500. When PA 06-112 becomes effective, this fine will utilize for a 2d or subsequent violation. A showtime violation of the possession prohibition volition exist an infraction. At that place are exceptions to the possession prohibition for employees of liquor permittees; minors possessing booze nether a physician ' due south gild; minors accompanied past a parent, guardian, or spouse who is at least age 21; and anyone exercising their constitutionally protected religious freedom.
If anyone under age 21 violates the provisions of CGS � thirty-89, the motor vehicle commissioner must append his commuter ' s license or nonresident operating privilege for 150 days (CGS � 14-111e). If the person has non been issued a license, any issuance of a new license must be delayed for a period of 150 days from the date he satisfies all of the requirements for licensure.
Once the modest has served the appropriate license suspension under either of the laws explained in a higher place, he may apply for reinstatement. DMV does not require filing of a certificate of financial responsibility (known as an SR-22 grade) in either instance.
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