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May 2016

Enfield Youth Services Jean Haughey , Program Director. Kevin T. Kane, Chief State’s Attorney. Let’s Talk About Underage Drinking. Connecticut ’s Alcohol Laws. Presented by: Francis J. Carino, Supervisory Assistant State’s Attorney. May 2016.

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May 2016

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  1. Enfield Youth Services • Jean Haughey, Program Director • Kevin T. Kane, • Chief State’s Attorney • Let’s Talk About Underage Drinking • Connecticut’s Alcohol Laws • Presented by: • Francis J. Carino, Supervisory Assistant State’s Attorney • May 2016

  2. The Connecticut Division of Criminal Justice, along with State and local police, is responsible for the enforcement of the laws enacted by the Legislature and the prosecution of those juveniles and adults that violate those laws.

  3. What we’re seeing: During the spring and summer of 2013, eight Connecticut teenagers died in car crashes: Alcohol played a role in several of these crashes.

  4. May 25, 2013 South Windsor Two teens killed. Sara Ballard, 19, sentenced to 8½ years in prison. The teens were at a party when they decided to go pick up stereo equipment from one of the younger teens' houses. Ballard was seen smoking marijuana before they left. Shesped over a hill, at the urging of her passengers, and the SUV veered off the road. She was going 84 to 90 miles per hour at the time of the crash.

  5. July 15, 2013 East Hartford Two teen brothers killed around 4:15 a.m. Eric Watson, 18, sentenced to 10 years in prison, suspended after 4 and 5 years of probation The group had attended a party the night before and a 1.75-liter bottle of vodka was among the items they recovered from Watson's car.

  6. July 15, 2013 Glastonbury Jane Modlesky, 17, was killed at 5:30 a.m. when the SUV she was driving hit several trees. Her BAC was 0.27, more than 13 times the legal limit of .02 for someone under the age of 21. Police also charged another teenage girl - the same age as Modlesky - with throwing two parties at her house last month while her parents were out of town because they wanted to 'send a message' to other teens in the town about the consequences of drinking.

  7. August 6, 2013 Hebron Paige Houston, 17, killed after a night of drinking in Marlborough. The driver, Connor McKee, 17, whose BAC was .11, well above the level of .02 at which a person under 21 is considered impaired, was sentenced to 5 years in prison, with 5 years of special parole.

  8. August 29, 2013 Hartford Two teenagers died when their car failed to negotiate the curve at Main St. & Albany Ave. in Hartford and slammed into a building. The car then burst into flames.

  9. In 2014: • 39% of the traffic fatalities in Connecticut involved drivers with a BAC of .08 or higher. • The average U.S. rate is 31%. • 43% of the drivers who died in crashes and were tested for alcohol tested positive. • 19% of the drivers that were killed tested positive for marijuana. http://c-hit.org/2016/01/17/drunk-driving-fatalities-decline-but-state-ranks-high-in-impaired-drivers/

  10. 4th 5th

  11. Alcohol Related Offenses

  12. Possess alcohol in a car. Possess alcohol anywhere else. You ask a friend to buy alcohol.

  13. Connecticut’s Social Host Law Sec. 30-89a. No person having possession of, or exercising dominion and control over, any dwelling unit or private property shall (1) knowingly, recklessly, or with criminal negligence, permit any minor to possess alcoholic liquor in such dwelling unit or on such private property, or (2) fail to make reasonable efforts to halt such possession. Sale to a minor by a liquor store. Sale or delivery to a minor by anyone. Permit a minor to possess alcohol on premises. Requires action to stop possession. Violation of this statute is a class A misdemeanor punishable by up to one year in jail and a $2,000 fine. Just taking their keys isn’t enough. Think of the possible civil consequences also!

  14. A person acts “knowingly” when they are aware that their conduct is of such nature or that such circumstance exists; Example: You see the kids bringing a keg in the basement or into the woods and you do nothing. A person acts “recklessly” when they are aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; Example: You see the kids bringing some large object in the basement or into the woods and you do nothing. A person acts with “criminal negligence” when they fail to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation; Example: You hear the kids laughing and yelling in the basement or see kids staggering around in the back yard and you do nothing.

  15. Sale to a minor by a liquor store. Sale or delivery to a minor by anyone. Permit a minor to possess alcohol on premises. Requires action to stop possession. Minors can’t loiter were alcohol is sold or served. Requires notice to police for “juice bars.” Outlaws alcohol vaporization devices.

  16. Minor can be asked for proof of age. Penalty for false statement. Minor can be required to have picture taken and ID copied. License may be proof of age. Penalty for misstating age or using another’s license. Penalty for misstating age or other deception when getting an ID card or using another’s ID card. Penalty for any misstatement to buy alcohol.

  17. Zero tolerance for minors under 21. Penalty increases for 2nd offense including mandatory jail time.

  18. 3rd offense results in more jail time & license revocation. License taken away on the spot.

  19. Outlaws the possession of powdered alcohol. Outlaws the sale of powdered alcohol.

  20. Impaired Driving • Aperson is “under the influence” in Connecticut if • His or her ability to drive is impaired or, • if 21 or older and have a BAC of .08 or higher or, • if under 21, and have a BAC of .02 or higher. • A person is “impaired” if he or she has become so affected in their mental, physical or nervous processes that he or she lacks to an appreciable degree the ability to function properly in relation to the operation of his or her vehicle, or • A person is “impaired” if he or she cannot drive with caution characteristic of a sober person of ordinary prudence under same or similar circumstances. How common is alcohol use among teens?

  21. * Highest among 9th graders Source: 2015 CT School Health Survey Report

  22. * Going in the right direction Source: 2015 CT School Health Survey Report

  23. * By 12th grade, almost half are drinking Source: 2015 CT School Health Survey Report

  24. * Going in the right direction Source: 2015 CT School Health Survey Report

  25. * By 12th grade, over 20% are binge drinking Source: 2015 CT School Health Survey Report

  26. * Going in the right direction Source: 2015 CT School Health Survey Report

  27. * Highest among 9th graders Source: 2015 CT School Health Survey Report

  28. * Going in the wrong direction Source: 2015 CT School Health Survey Report

  29. * Drinking & driving in 9th grade? Source: 2015 CT School Health Survey Report

  30. * Going in the right direction Source: 2015 CT School Health Survey Report

  31. * Highest among 9th graders Source: 2015 CT School Health Survey Report

  32. * Going in the right direction Source: 2015 CT School Health Survey Report

  33. * Risky behavior following risky behavior Source: 2015 CT School Health Survey Report

  34. * Going in the wrong direction Source: 2015 CT School Health Survey Report

  35. * Over 13% of students are attending school under the influence of alcohol or drugs. Source: 2015 CT School Health Survey Report

  36. * Going in the right direction Source: 2015 CT School Health Survey Report

  37. Other Consequences • Think about how getting arrested (kids or parents) for a drunk driving charge or hosting an underage drinking party might impact : • your relationship & reputation with your friends • your relationship with your relatives • your opportunities in school (reputation with teachers, coaches etc.) • your contacts with the police • your family's status in the community • your chances of future employment • your car/homeowner’s insurance rates Your choices have consequences!

  38. The State of Connecticut is serious about protecting the lives of our young people, particularly when it comes to alcohol and drugs. • The police and the courts can’t do it all. • Parents and kids need to educate themselves about the law and the signs of substance abuse; • Parents need to supervise their kids and set a good example; • Kids need to act responsibly and be a good friend;

  39. When it comes to drugs, alcohol, sexting, social media, cell phones & driving: To Kids:

  40. To Parents: Sometimes you have to do the right thing, not because you feel like it, but because you’re setting an example.

  41. Presented by: Francis J. CarinoSupervisory Assistant State’s AttorneyOffice of the Chief State’s Attorney300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858E-mail: francis.carino@ct.gov CT Juvenile Law website: www.francarino.com

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