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jackson
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Oh come on with these answers....... in everyway if you fight it there is serious potential for things going bad for your son and his father.
If you fight it the judge will go to town. The fact is in the US it is illegal to drink alchohol if under 21...... period. The fact of where he got it or when is moot. The offence stands.
Fight it and you will be admitting that you provided your son with alchohol...... bringing this to the judges attention. Then you dropped him off..... there is no law about supervision at 20. Then not only was he drinking but he was in an altercation...... there is no explaining that. He could have walked away and there is no reason to have a commotion outside. Him trying to explain and putting him in the forefront will say a lot to the judge... regardless.
Best that you son just cops to the charge and says nothing else. Meanwhile hoping the judge does make the condition that he tells where he got the beer in order to get off light.
I was a military brat, my mother is English and for the most part I grew up in England and Germany so I subscribe to the way they do things there. You let kids drink a bit here and there so they realize it is a social thing....... not getting wasted in college because you can.
But here in the US if you even attempt to fight it everybody will lose. |
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Swarrly
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I think the one girl was right before when she said you have to stay with your child till the child is sober. If you are not with your child when he gets the ticket there is nothing you can do. I would go to the police station and find out though. No reason to listetn to hear say off the internet. Laws are different accross the country. Stuart no one cares if your disapponted, at least i don't. Go look down on yourself and grow up. Some old people can be so petty. |
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kimpetuous
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I think it may depend on what state you live in. I know Texas has some funny liquor laws about underage drinking.
added: Seriously, Stuart is dead wrong. I just looked in up and in about 4 states if your parent, spouse, or legal guardian provides you will alchohol and you are underage, it is NOT illegal.
Hey Stuart, when people are asking for info and advice, your "best guess" isn't really what they are looking for. |
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english guy 1985
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ok im not from America but..
how can it be 'giving alcohol to a MINOR' if the age of being a legal adult in the US is 18??
being under the age of drinking alcohol clearly does not necessarily make someone a minor
b.t.w this whole situation is ridiculous, how does your government get away with preventing legal adults from drinking, from a civil liberties point of view?
in England people think 18 is too draconian and want it to be lowered to 16 like Germany et al |
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Crazy Dave
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His father could get a contributing ticket! As his parent it was not illegal to give him alcohol, but where you screwed up was taking him somewhere else outside of your supervision. You have the right to serve your child alcohol but he has to remain with you. If you go to a restaurant you being the parent must order the beverage and then yourself serve it to him (if the establishment does not have rules against it). The minute the minor leaves your supervision it becomes illegal. |
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Bad Santa
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depends on where you are. if in your state parents can give their kids alcohol, then there shouldnt be any tickets issued. otherwise, it could be a ticket for procuring alcohol to a minor |
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SomeRandomGuy
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im not a lawyer, but im pretty sure it can be "distribution of alcohol to minors" or "delinquency of a minor" in some states. |
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Gina D
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You can get in a lot of trouble. Giving beer to a minor can land him in jail. |
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margarita
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He's still a minor and you're still responsible for him. Be prepared to pay more than a ticket. If they want to get "funny" you could possible do some jail time. Especially the person who actually gave him the beer. |
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Kevy
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giving it to the child is not a problem, but he should have been in your supervision. |
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Bryer B
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its no different than a store selling alcohol to a minor, they pay a fine, loose their license and the clerk who sold/GAVE the alcohol can do Jail time. |
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tincoatr
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You could get "contributing to the deliquency of a minor" or possibly "child endangerment". |
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knowssignlanguage
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i would just pay the fine maybe split the ticket bc your husband gave him the beer which had got him a ticket for drinking underage and it is partly your husband and sons fault so both should pay the fine. I would not fight it bc your son is underage and that could get you more in trouble bc your husband gave him the beer and your husband would get into deeper trouble bc even though you are his parents you gave beer to an underage person. that is illegal. but that is your descion weather your fight it or not. I would not. |
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Truth Hurts
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This is why you will lose, it's ok to give your child alcohol, but they should be under your supervision at all times, not dropped off at a friends house under someone elses supervision.
by the way, great parenting. |
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ivan dog
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no defense for an admitted action
yes both of the parents can be ticketed and fined or even arrested for contributing to the delinquency of a minor
dont do it again ...your setting yourselfs up for a major problem
B. |
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beardog4314
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The only thing that makes this sticky, is that your son was outside starting a commotion. If he'd been in the house, he'd have been free and clear. |
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Tough Crowd
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Yup, you can technically get a ticket for "Contributing to the delinquency of a minor." It's like a $1000 ticket. But really, you will never get one unless you are doing this in public. I wouldn't worry about it. |
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Katy
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While in most states is is acceptable for youth to drink with their parents, that right usually ends when the youth becomes a legal adult at the age of 18. In Wisconsin, where I live, it is legal for someone between the ages of 16 and 18 to be in a bar or restaurant drinking with their parents. Once they turn 18, however, it is ILLEGAL for that person to drink at all, regardless of whom they are with. Fighting the ticket will probably not get you anywhere -- your husband may or may not get a ticket, but it will not get rid of your son's underage drinking ticket. |
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Charley
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Good Question ; I believe the officer had his chance to give his father the ticket already. If he didn't get one, he will not. I wish you and your family much Luck in this stress factor. |
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dr strangelove
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Let him Join the Army and he could have beer at 18 (depending where he is stationed) |
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roxiecat4200
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If you give your child beer, which is legal, you MUST be with him until the effects of the beer wear off. If he was not drunk or was not in any way intoxicated and only smelled of beer then you have a chance. However, if he was still under the influence then the ticket will stick. So how many beers, how many hours? |
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Steve C
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It is my understanding that a parent is not breaking the law, nor is the minor child, for allowing the child to consume alcoholic beverages. For heaven's sake, in Europe they give wine to 5-year-olds. |
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Cici
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you would be arrested for contributing to a minor. |
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Stuart
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Providing alcohol to a minor, regardless of where the minor is located, is a crime.
It is also really really irresponsible.
The reason minors are prohibited from consuming alcohol is that they do not have the reasoning abilities that adults have, and tend to create danger to themselves and others and create havoc for the whole community.
I can hear you just shrugging it off, and saying, "Well, my kid is more mature than other kids." Maybe so, but he - and his father - broke the law. And you are a party to it after the fact.
Pretty disappointing adult behavior, ma'am. |
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Answer
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Actually, a parent or legal guardian, at least in NYS, is able to give alcohol to their own child as long as it doesn't lead to an intixicated condition. As far as issuing him a ticket for simply having the odor of an alcoholic deverage on his breath, isn't justified due to the evidence needed to prove that such odor is in fact an alcoholic beverage and was done so illegaly. Even if he did admit to having consumed such beverage, he might have done so in the presence of his parent of legal guardian or even in another location where the drinking age is lowered, such as Canada, which would be legal. In order to issue a summons for consuming under the age of 21, such beverage must be OBSERVED in that subjects possession in order to justify such charge. |
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guest
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find the assistant district attorney on the case and explain the situation, ask if he can drop the charges |
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