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I need help ASAP Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by Marci, Aug 23, 2001.

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  1. Marci

    Marci Law Topic Starter New Member

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    I am 18 and I live in New York. A few days ago my cousin, who is 22 and has a child, bought some alcohol for me + my boyfriend for the party he was having. Well we had the party last night, there was alot of people, and it seemed to have ended fine, seeing as how the cops never showed up. Well this afternoon the troopers arrived, questioned us, then informed us that a friend of ours is dead. She died driving home from my boyfriend's house (where she was drinking, and we did not supply her with the alcohol, she brought her own). I have to know all of the possible punishments my cousin could be slammed with (supplying minors with alcohol) and what could happen to my boyfriend (he is 18 also, his parents are on vacation and were not aware of the party), seeing as how it was his party, his parents property, and our friend died driving home (apparantly drunk, we're not sure, we won't be until they finish the autopsy) from his house.

    Please help.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm really sorry to hear about the death and my condolences. It's a tough situation but I don't think you want to really discuss this matter at any length with the police nor make any further statements that could possibly be used gainst you later, especially with regard to the supply of alcohol at the party and without legal representation.

    I can't say that what I am hypothesizing is a completely accurate analysis of the situation, but here goes. From what you are stating, the deceased brought her own alcohol and therefore it would seem that there wasn't any duty that arose with regard to you, the hosts. If you had supplied her with the alcohol, you might have imposed a duty upon yourselves because you provided her with the alcohol which impaired her reflexes.
     
  3. Marci

    Marci Law Topic Starter New Member

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    Thank you... but I need to know what could happen to an adult (who's 21+) who buys/supplies alcohol for minors. Could their children be taken away?? Would they be arrested or would they only have to pay a fine?
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I would doubt that that supplying a minor with alcohol will, by itself, be sufficient to take his child. What I have found below is a Class A misdemeanor although there may be other violations applicable here. Much depends upon the facts and circumstances of the matter and how much of a role your cousin played in the provision of alcohol to a minor(s).

    Your boyfriend may want to speak to an attorney immediately since a severe incident occurred in proximity of the party. He would also probably want to mention the accident to his parents as soon as possible -- as much as it hurts to do. As you pointed out correctly, the party occurred on his parents' property and this could easily be a mess that they will be brought into. It would also seem that they will subsequently find out about the party.

    While you say that the deceased person brought her own alcohol, a D.A. or parents of the deceased might allege that the party was the source of supply of her alcohol. I don't know all the facts and circumstances, e.g. the accident could have happened miles away and many hours later after a stop at a bar, etc. and it would not be as much of an issue.


     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    General Obligations also states the following, there is a question as to applicability:

     
  6. Marci

    Marci Law Topic Starter New Member

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    Thank you so much that information was exactly what I was looking for and couldn't find ... the accident occured around 4:30 am or so (thats what the troopers told me), about 10 or 15 minutes after she left the party.

    Not so good of a situation. But thank you again. :)
     

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