New Policy for Underage Drinkers in New Hanover and Pender Counties
A new policy in the Fifth Prosecutorial District that affects youths charged with underage drinking has gone into effect as of late November of 2014. This new policy will reshape the requirements for those who enter into a deferred prosecution agreement for an underage drinking charge. The goal of this new program is to help young offenders by teaching them the risks and consequences of underage alcohol consumption as well as avoiding a permanent mark on their criminal record. This program will only be offered to first time offenders that have not previously been convicted of any drug or alcohol crimes.
The requirements include, but are not limited to, 12 months of unsupervised probation, observation of DWI Treatment Court, participation in the Youth Offender Course at New Hanover Regional Medical Center and the Street Safe Alcohol Education Program (followed with an reflection essay), and Community Service.
The eligible offenses for the new Underage Alcohol Deferred Prosecution Program are as follows:
| Charge
OBT/ATT OBT ALC OTHERS ID OBT/ATT OBT ALC FALSE ID OBT/ATT OBT ALC OTHER DL OBT/ATT OBT ALC FALSE DL ALLOW USE OF ID/LIC TO BUY ALC CONSUME ALC BY <19 CONSUME ALC BY 19/20 AID UNDERAGE PUR ALC BY < 21 AID UNDERAGE PUR ALC BY > 21 UNDERAGE AID/ABET POSS ALCOHOL PUR/ATT MTBV/U-WN NOT 19/20 POSS MTBV/U-WN NOT 19/20 PUR/ATT F-WN/LQ/MXBV < 21 POSS F-WN/LQ/MXBV < 21 GIVE MTBV/U-WN TO <21 GIVE F-WN/LQ/MXBV TO <21 PUR MTBV/U-WN BY 19/20 ATT PUR MTBV/U-WN BY 19/20 POSS MTBV/U-WN BY 19/20 |
N.C.G.S.
18B-302(E)(4) 18B-302(E)(2) 18B-302(E)(3) 18B-302(E)(1) 18B-302(F) 18B-302(B)(3) 18B-302(B)(3) 18B-302(C)(1) 18B-302(C)(2) 18B-302(C)(1) 18B-302(B)(1) 18B-302(B)(1) 18B-302(B)(2) 18B-302(B)(2) 18B-302(A1) 18B-302(A1) 18B-302(B)(1) 18B-302(B)(1) 18B-302(B)(1) |
If you or someone you know has received an underage drinking ticket, or any of the above listed charges in Southeastern North Carolina, then call the experienced team at Collins Law Firm for a confidential consultation at: 910-793-9000.
By Rachel Reynolds, Paralegal