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

[Marci]

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.

 

[Michael Wechsler]

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.

 

[Marci]

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?

 

[Michael Wechsler]

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.

New York Penal Law
Section 260.20 Unlawfully dealing with a child in the first degree

A person is guilty of unlawfully dealing with a child in the first degree when:

2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum.

It is no defense to a prosecution pursuant to subdivision two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Unlawfully dealing with a child in the first degree is a class A misdemeanor.

Alcoholic Beverage Control Law - NY
S 65-a. Procuring alcoholic beverages for persons under the age of twenty-one years. Any person who misrepresents the age of a person under the age of twenty-one years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than five days, or by both such fine and imprisonment.


S 65-c. Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years. 1. Except as hereinafter provided, no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage.
2. A person under the age of twenty-one years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given:
(a) to a person who is a student in a curriculum licensed or
registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or
(b) to the person under twenty-one years of age by that person`s parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established
pursuant to paragraph six-a of subdivision (a) of section 19.07 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law shall observe a person under twenty-one years of age openly in possession of an alcoholic beverage as defined in this chapter, with the intent to consume such beverage in violation of this section, said officer may seize the beverage, and shall deliver it to the custody of
his or her department.
6. Any alcoholic beverage seized in violation of this section is
hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed.
Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of
that beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.

 

[Michael Wechsler]

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

NY Consolidated Laws, General Obligations.
S 11-100. Compensation for injury or damage caused by the intoxication of a person under the age of twenty-one years. 1. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of
ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of twenty-one years.
2. In case of the death of either party, the action or right of
action established by the provisions of this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.
3. Such action may be brought in any court of competent jurisdiction.
4. In any case where parents shall be entitled to such damages, either of such parents may bring an action therefor; but that recovery by either one of such parties shall constitute a bar to suit brought by the other.

Sec. 11-101. Compensation for injury caused by the illegal
sale of intoxicating liquor. 1. Any person who shall be injured
in person, property, means of support, or otherwise by any
intoxicated person, or by reason of the intoxication of any
person, whether resulting in his death or not, shall have a right
of action against any person who shall, by unlawful selling to or
unlawfully assisting in procuring liquor for such intoxicated
person, have caused or contributed to such intoxication; and in
any such action such person shall have a right to recover actual
and exemplary damages.
2. In case of the death of either party, the action or right
of action given by this section shall survive to or against his
or her executor or administrator, and the amount so recovered by
either a husband, wife or child shall be his or her sole and
separate property.
3. Such action may be brought in any court of competent
jurisdiction.
4. In any case where parents shall be entitled to such
damages, either the father or mother may sue alone therefor, but
recovery by one of such parties shall be a bar to suit brought by
the other.

 

[Marci]

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.