Posts Tagged ‘Alcohol’

Utah Teen Driver’s License Suspension

Simms, on the topic of  Alcohol, Drugs
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If you have a teen whose driver’s license has been suspended or denied because he’s been convicted of a juvenile offense, you might be interested in trying to have that suspension or denial shortened or lifted. There is a legal motion that can be filed to make such a request, although filing a motion concerning a juvenile ‘s driving privileges doesn’t guarantee you’ll get what you want.

The state of Utah admits that filing a motion to shorten a teen’s driver’s license suspension or denial can be complicated. You may want to discuss your child’s case with a Utah juvenile defense attorney before (or instead of) attempting to handle a complex legal procedure on your own. You are under no obligation to talk to an attorney, but having a Utah juvenile defense attorney on your child’s case may help immensely.

In order to qualify for shortening the time period of driver’s license suspension or denial, your child must:

• Have completed at least 6 months of the suspension or denial if you were 19 but not yet 21 on the date of the violation
• Have completed at least 2 years of the suspension or denial if you were under the age of 19 on the date of the violation
• Have completed the drug or alcohol screening that was ordered by the judge as part of your sentence and
• Completed any required assessment
• Completed any necessary substance abuse treatment
• Completed any required drug or alcohol educational series
• Not have been convicted of any motor vehicle law violation while driving
• Not have illegally drunk any alcohol
• Have done what’s required by the court, including not violating any probation

Talk to a Utah juvenile defense attorney today if you believe your child is ready to make a motion to have his driver’s license suspension or denial changed. We understand the challenges that families face and are ready to help your child in any aspect of his juvenile court case.

Juvenile Drug Court in Utah

Simms, on the topic of  Alcohol, Drugs
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There is some basic information that can be valuable for parents and teens to know about juvenile drug court in Utah.

Photo: epSos.de

Why Was a Juvenile Drug Court Created?

To help certain juvenile drug offenders and alcohol offenders work though their substance issues.

The juvenile drug court’s goal is to help prevent further substance abuse difficulties. No one is required to attend drug court; it is a choice for those juveniles who qualify.

There are minimum required penalties for kids who’ve been charged with drug or alcohol offenses. They include:

• 20-100 hours of community service
• $150-$500 fine
• Loss of driver’s license

What’s Involved in Participating in Juvenile Drug Court?

• At least six months’ commitment
• Entering into a contract
• At least 60 hours of community service
• Evaluations
• Intervention classes and/or substance abuse counseling
• Random substance testing
• Written assignments
• Home visits
• Required school attendance and acceptable grades
• Following home rules
• Attendance at classes with a parent
• Attendance at monthly court reviews
• No new infractions

It may seem like a lot of work to participate in a juvenile drug court, but it may turn out to be a beneficial route to take—both for a child and his family.

If you have questions about juvenile drug court or any other juvenile-related concerns, don’t wait to talk to a Utah juvenile defense attorney. Consulting an attorney on behalf of your child may be the best decision you can make to turn your child’s life around. Make the right call today.

Juvenile DUI

Angela, on the topic of  Drugs
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Driving under the influence of alcohol or drugs (a DUI) is usually a class B misdemeanor with a maximum jail time of 180 days and a maximum fine of $1,500.00 plus an 85% surcharge.

 A first time DUI offender is required to spend two nights in jail, although it is possible in some cases to complete community service hours in lieu of jail.

Utah Minors May be Charged With Supplying Alcohol to Other Minors

Utah Criminal Defense Attorney, on the topic of  Alcohol, Drugs, Juvenile Defense Misc, Utah Law
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The Case

The Utah Court of Appeals ruled today that charges for supplying alcohol to minors should not have been dismissed against Xavier Morrison. The trial court dismissed the charges initially, reasoning that charging an 18-year-old with supplying alcohol to other 18-year-olds (who were actually slightly older than Mr. Morrison) would create an “absurd result.” The trial court interpreted the law against supplying alcohol to minors as meant to protect minors, not to be a basis for prosecuting them.

The court of appeals agreed that the law prohibiting supplying alcohol to minors was meant to protect minors but unlike other cases applying the “absurd result” doctrine, the crime here involves a clear perpetrator and victim so prosecuting the perpetrator is okay. Mr. Morrison obtained the alcohol on his own by doing a “Hey Mister,” where a minor asks an adult to purchase the alcohol for them. The court of appeals limited its decision to where the minor being charged was clearly the supplier–leaving open whether a minor could still be charged for supplying if the other minors participated in getting the alcohol.

For the full opinion click here: State v. Morrison

Underage Drinking and Supplying Alcohol

This case creates a good opportunity for parents to remind their kids, and to remind young adults in general, that underage drinking can have serious legal consequences. If a minor is caught supplying alcohol to their friends, not only will they be cited for underage drinking, they could also be charged with supplying the alcohol, a class A misdemeanor if they know their friends are underage.

If your minor is caught drinking underage, don’t hesitate to call an experienced juvenile and criminal attorney to help!

 

 

American Teens and Drug Use

Utah Criminal Defense Attorney, on the topic of  Drugs, Juvenile Court, Juvenile Defense Misc, School
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Attribution: compujeramey

Columbia University does an annual survey of American kids from ages 12 to 17 to track the prevalence of drugs in high schools. This year, the participants responded that 17% of their classmates are using drugs, drinking, and/or smoking during the school day. There were other interesting findings. The study showed that kids are more likely to have tried drugs, alcohol, or tobacco if they view pictures of other kids using alcohol and/or drugs on social networking sites like Facebook. Also, younger teens were found to have easier access to (within an hour to get) prescription medication than marijuana. This marks the sixth straight year that 60% or more of the surveyed students reporting that their “high schools are drug infected, meaning that drugs are used, kept or sold at the schools.” Columbia High School Study.

As the drug presence in schools increases, it’s important for parents, teachers, and community leaders to take preventative measures with the youth they supervise to prevent these behaviors. For those families already dealing with these issues in the juvenile justice system, it can be difficult to determine how to act in a child’s best interest. A Utah juvenile defense attorney can help these families navigate the variety of rehabilitative options available, such as juvenile drug court programs or other substance abuse treatment options, so the youth has the optimal environment and opportunity for success. If you and your child are dealing with the juvenile justice system, for drugs or otherwise, contact an experienced juvenile defense attorney to help both you find the best solution for your family

Teen Drug Use

Simms, on the topic of  Drugs
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Two reports from the Substance Abuse and Mental Health Services Administration concerning teen drug use were recently released, revealing new information about when many teens first smoke pot, cigarettes and drink alcohol.

Photo: James Alby

Summertime Teen Drug Use

June and July are popular months for around 11,000 kids between 12 and 17 to take their first drink of alcohol. The typical days the rest of the year (except for December) see an average 5,000 to 8,000 first-time drinkers.

An average 5,000 teens smoke cigarettes for the first time in June and July, as well. First-time marijuana use also increases to over 4,500 experimenting during the summer months, from an average of 3,000-4,000 adolescents the rest of the year.

Utah Juvenile Defense Attorneys Can Help

These numbers show how important it is for teens to have the right kind of diversions available to them during school breaks to help reduce teen drug use. Part of the problem with teen drug use is that it might precede other criminal behaviors later in life—and sometimes even during one’s youth. Juvenile courts are busy today trying to help rehabilitate teens who are addicted to drugs and/or alcohol and who may have committed other crimes.

If your teen is in the juvenile justice system, whether he suffers from substance abuse or not, it’s important that he receive vital legal service from an experienced Utah juvenile defense attorney. A top legal professional can give you and your child the best advice and defense possible, helping you both inside and outside the courtroom. Call a Utah juvenile defense attorney today to discuss your child’s legal dilemma.

Juveniles and Alcohol in Utah

Simms, on the topic of  Juvenile Defense Misc
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Last weekend, a 15-year-old juvenile who may have been under the influence of alcohol lost control of the vehicle he was driving and it ended up overturned on the side of the road. Supposedly several teens and young adults had been at a club in Salt Lake, and the 15-year-old was part of the group. The teen was allegedly given the keys to the vehicle by the 21-year-old owner who stated that he’d had too much to drink himself.

Photo: Joe Anderson

Citations for the Teen

There were several passengers in the car, but fortunately none were seriously injured. The teen is being investigated for driving under the influence of alcohol, not being a licensed driver and being an alcohol-restricted driver.

Utah Laws

In Utah, an alcohol-restricted driver is any person under the age of 21. A person who commits this offense is guilty of a class B misdemeanor. Under “normal” conditions, committing a DUI is a class B misdemeanor. However, when someone in the vehicle is injured, the charge could be increased to a class A misdemeanor.

Juvenile Court

Since the young man in question is a juvenile, his case will likely be handled in a Utah juvenile court. Juvenile courts are usually rehabilitative in nature, and this young man will presumably be helped in a fashion that will encourage not indulging in alcohol and associating with other kids and young adults who will be positive influences.

Contact a Utah Juvenile Defense Attorney

If you are helping a child who’s involved in the juvenile justice system, you should contact a Utah juvenile defense attorney as soon as possible. Having an attorney represent your child will help make sure that he or she is treated fairly and respectfully. We recognize the fact that children will sometimes make mistakes, but that by no means puts them beyond the reach of amendment.

We know you love and value your child and want to see the best happen for him. Call an attorney today and help put your child on the road to having a positive life.

Juvenile Public Intoxication in Utah

Simms, on the topic of  Juvenile Defense Misc
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Utah courts have specific consequences for minors who are found guilty of juvenile public intoxication, in the hopes that knowing the consequences will deter Utah kids from drinking alcohol.

Photo: uberphot

When a minor who is 18-20 years old is guilty of violating the public intoxication statute, the court shall suspend the minor’s driving privileges. The word ‘shall’ doesn’t leave a judge an option of suspending the driving privileges. The automatic suspension of driving privilege is one year, but the court may reduce the time of suspension if the public intoxication violation is the minor’s first violation of the statute and if the minor completes an educational series.

If, however, the minor has already violated the public intoxication statute one or more times, the court shall order the minor to participate in an educational series and may order the person to participate in a screening. A screening is used to determine if the minor needs an assessment or educational series. An assessment occurs when a minor has a detailed interview with a licensed mental health therapist. The assessment may help find out if a minor needs further help from a substance abuse treatment program.

A minor who is aged 13-17 and is guilty of public intoxication will also have his driver’s license suspended. If he isn’t old enough to have a driver’s license, he will not be able to get a license or learner’s permit until one year after he is eligible for the license or permit.

Let your teenager know that drinking alcohol may keep him from getting his license or permit on time, or even take away his driving privilege if he already has a license. No one wants to have their independence curbed by not being legally able to drive, especially a teen.

If your child is in trouble with the law, whether over juvenile public intoxication or some other matter, talk to a Utah juvenile defense attorney immediately. Getting your child an attorney doesn’t necessarily get him off the hook for any crimes he may have committed, but it will make sure he’s treated fairly by the juvenile court system.

Utah Teen in Juvenile Detention for Gun Crime

Simms, on the topic of  Violent Acts
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Utah’s Trolley Square, which was the location of a deadly shooting spree in 2007, was once again the scene of a gun crime this week. A 16-year-old apparently was looking for trouble when he tried to rob several people at gunpoint. The gun in question was actually an Air-Soft gun, but it resembled a real gun. The teen, who had been drinking with friends, approached different individuals and demanded money before eventually assaulting a man with the Air-Soft gun and stealing his money. The teen was found, arrested and sent to juvenile detention.

Photo: Rod Herrea

We’ve mentioned before that dangerous situations can arise when someone’s had too much to drink. Of course, teenagers aren’t supposed to have access to alcohol in the first place. That point aside, some kids are going to come into contact with alcohol and many of those kids are going to partake. Talk to your kids about alcohol and the many side effects that may occur when it is abused.

If you have a child who’s facing legal problems and possibly juvenile detention, don’t wait until it’s too late to get the advice of legal counsel. A Utah defense attorney can advise you of you and your child’s options, and he will be your advocate when dealing with law enforcement and the court. Many times there are mitigating circumstances that can only be handled by effective counsel.

Don’t try to navigate the juvenile court system on your own. Find out what is in the best interest of your child by making an appointment with an attorney today.

High School Girl is Falsely Accused of Drinking Alcohol Spiked Lemonade is Breathalyzed

clayton, on the topic of  School
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A high school girl was unceremoniously yanked out of her class by the police and ordered to take a breath test after being falsely accused of drinking alcohol spiked lemonade. The innocent female student was allegedly observed drinking alcohol by two unidentified students. A school official observed the accused girl at lunch and she “seemed fine”, yet she was forced to take the breathalyzer. Is this a new way to harass a fellow student? Why did the school administration and the police fall for this?

Read Full Story.