Borough of Glassboro, New Jersey USA
C. Possession/Consumption Laws and OrdinancesN.J.S. 2C: 33-15 provides for a minimum fine of $100, a mandatory 30-day loss of driving privilege, and required participation in an alcohol education program for any person under the legal drinking age to possess, in any public place, any alcoholic beverage, regardless of whether or not the container is sealed.
N.J.S. 39:4-50 provides for a minimum $200 fine for any motor vehicle operator or passenger found to be in possession of any open container of an alcoholic beverage, regardless of age.
Borough of Glassboro Ordinance:
It shall be unlawful for any person to consume any alcoholic beverage or to possess any alcoholic beverage in an open container with intent to consume the same on any sidewalk, street, avenue, highway, public parking lot, or other public place, or in any motor vehicle not on private property, within the Borough of Glassboro at any time.
http://www.rowan.edu/studentaffairs/deanstu/policies/alcohol_policy/#3c |
to break the law by fighting or behaving extremely noisily in public
Intoxication under our law means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
[N.J.S.A. 2C:2-8e(1)].In considering the question of intoxication, you should carefully distinguish between the condition of mind which is merely excited by intoxicating-drink (or drugs) and yet capable of acting with (purpose or knowledge), and the condition in which one's mental faculties are so prostrated as to deprive one of (his/her) will to act and ability to reason, thereby rendering a person incapable of acting and thus preventing the person from committing the crime charged with the mental state required of either (purposely or knowingly).
This distinction is important because, as explained, whether or not the defense of intoxication applies is a factual determination to be made by you.
You may also consider, along with all the other evidence, the degree of intoxication in determining whether or not the defendant was capable of acting with (purpose or knowledge) to commit the crime charged.
You will recall that I explained to you the elements of (crime), one of those elements was that defendant had to act with (purpose or knowledge).
... Intoxication means a disturbance of mental or physical capacities resulting from
the introduction of substances into the body.
---> http://www.judiciary.state.nj.us/criminal/charges/liabil004.htm |
---> http://www.judiciary.state.nj.us/criminal/charges/liabil006.htm |
As used in this act:"Visibly intoxicated" means a state of intoxication accompanied by a perceptible act or series of actions which present clear signs of intoxication .
"Social host" means a person who, by express or implied invitation, invites another person onto an unlicensed premises for purposes of hospitality and who is not the holder of a liquor license for the premises and is not required to hold a liquor license for the premises under Title 33 of the Revised Statutes, and who legally provides alcoholic beverages to another person who has attained the legal age to purchase and consume alcoholic beverages.
"Vehicle" means a device primarily propelled by a motor that is used to transport a person or property.
"Person" means a natural person, the estate of a natural person, an association of natural persons, or an association, trust company, partnership, corporation, organization, or the manager, agent, servant, officer or employee of any of them.
L. 1987, c. 404, s. 1. 2A:15-5.6. Exclusive civil remedy a. This act shall be the exclusive civil remedy for personal injury or property damage resulting from the negligent provision of alcoholic beverages by a social host to a person who has attained the legal age to purchase and consume alcoholic beverages.
b. A person who sustains bodily injury or injury to real or personal property as a result of the negligent provision of alcoholic beverages by a social host to a person who has attained the legal age to purchase and consume alcoholic beverages may recover damages from a social host only if:
(1) The social host willfully and knowingly provided alcoholic beverages either:
(a) To a person who was visibly intoxicated in the social host's presence; or
(b) To a person who was visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another; and
(2) The social host provided alcoholic beverages to the visibly intoxicated person under circumstances which created an unreasonable risk of foreseeable harm to the life or property of another, and the social host failed to exercise reasonable care and diligence to avoid the foreseeable risk; and
(3) The injury arose out of an accident caused by the negligent operation of a vehicle by the visibly intoxicated person who was provided alcoholic beverages by a social host.
c. To determine the liability of a social host under subsection b. of this section, if a test to determine the presence of alcohol in the blood indicates a blood alcohol concentration of:
(1) less than 0.10% by weight of alcohol in the blood, there shall be an irrebuttable presumption that the person tested was not visibly intoxicated in the social host's presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another; or
(2) at least 0.10% but less than 0.15% by weight of alcohol in the blood, there shall be a rebuttable presumption, that the person tested was not visibly intoxicated in the social host's presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another.
L. 1987, c. 404, s. 2. 2A:15-5.7. No liability to consumer No social host shall be held liable to a person who has attained the legal age to purchase and consume alcoholic beverages for damages suffered as a result of the social host's negligent provision of alcoholic beverages to that person.
L. 1987, c. 404, s. 3. 2A:15-5.8. Joint tortfeasors