Drinking age to 18

[Pat K]

My cooler is open 24/7 for any one who would like a beer.

I see PatKs first act of civil dis.? ....... handing an underage drinker a beer at a bbq ..... we could inform the police that we will be breaking the law.

At Porcfest some of JP'S friends were looking for him, and they wanted to get some beer, I told them were my cooler was and said help your selfs. Later I had a flash back to statist thought, and said to myself I wonder how old they are? Then I just laughed to myself and got over it.

[FTL_Ian]

You guys are awesome.

[citizen_142002]

Huh,
so that was your cooler,Pat.

[Lloyd Danforth]

If it was roughly the size of a Volkswagon, it was Pat's.

[Lex]

At Porcfest some of JP'S friends were looking for him, and they wanted to get some beer, I told them were my cooler was and said help your selfs. Later I had a flash back to statist thought, and said to myself I wonder how old they are? Then I just laughed to myself and got over it.

That's classic!

[Fluff and Stuff]

http://www2.potsdam.edu/hansondj/Controversies/1101839726.html

[KBCraig]

http://www2.potsdam.edu/hansondj/Controversies/1101839726.html

Excellent resource! I swear, the guy's been reading my thoughts.

One caveat when it comes to NH, though:

While consumption by <21 might not be prohibited in NH, possession is. And some brilliant legal minds have deduced that underage adults who consume alcohol "possess" the alcohol in their bloodstreams, which is a crime.

Screw the highway dollars. Eliminate the drinking age completely.

Kevin

[Fluff and Stuff]

Excellent resource! I swear, the guy's been reading my thoughts.

See the chart on this page, very funny.
http://www2.potsdam.edu/hansondj/LegalDrinkingAge.html

Of course, kids in VT take buses to CA on the weekends so that they may drink and smoke weed in peace.  I don't know, but I guess the same thing happens in NH.

While consumption by <21 might not be prohibited in NH, possession is. And some brilliant legal minds have deduced that underage adults who consume alcohol "possess" the alcohol in their bloodstreams, which is a crime.

Then they are breaking the law.  Does anyone know who started doing this?  I need to make a call to a friend

[KBCraig]

I wrote Dr. Hanson and invited him to stop by our forum. I even dropped the "L" bomb on him, and invited him to PorcFest.

Kevin

[Pat McCotter]

While consumption by <21 might not be prohibited in NH, possession is. And some brilliant legal minds have deduced that underage adults who consume alcohol "possess" the alcohol in their bloodstreams, which is a crime.

Then they are breaking the law.  Does anyone know who started doing this?  I need to make a call to a friend

No, they are not breaking the law:

============================================
NH RSA 179:10 Unlawful Possession and Intoxication. ?
    I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
    II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
============================================

[Pat McCotter]

And this is what the Hudson police use.

Internal Possession of Alcohol by Minors
By Officer Cayot and Officer Cavallaro

The purpose of this article is to help explain to parents and minors (anyone under 21 in this case) some changes that have taken effect in the Alcoholic Beverage Laws pertaining to minors. These changes went into effect on January 1, 2003 and have changed the definition of when a minor is in possession and have increased the penalties of those convicted. The new law can be found under RSA 179:10 Unlawful Possession and Intoxication and reads as follows:

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second or subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of 0.02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

This new law not only imposes a penalty for a minor to have alcohol in his/her physical possession, but also imposes penalties for minors who have internal possession of alcohol. This means if you are under 21 and have been drinking you are subject to the same fines and penalties as a minor who is caught with alcohol in their physical possession. This law takes away the minors ability to go out drinking, separate themselves from the physical alcohol and be free and clear of any legal consequences. Minors who are arrested under this law will be handcuffed and brought to the station for booking where they will be forced to await bail for their release.

This law not only makes this violation costly in the monetary sense: $250 minimum for the first offense, $500 minimum for subsequent offenses, this law also allows the court to impose additional penalties at its discretion. These additional penalties include the loss of the minors New Hampshire State Drivers License even if the violation does not occur while the minor is in a vehicle.

The bottom line is if you are under 21 don't drink because if you get caught you are facing hefty fines, an arrest, and a possible loss of your drivers license.

[hook]

Unless a cop sees a minor consuming a beverage that is known to contain alcohol, it would seem this would be difficult to enforce.

[KBCraig]

Unless a cop sees a minor consuming a beverage that is known to contain alcohol, it would seem this would be difficult to enforce.

The standard for probably cause isn't that tough. Smelling alcohol on the breath is one way. There are also sensors built into some flashlights; you don't have to blow into them, just breathe or speak. You might not even know you're being tested in such a way.

This law is seriously wrong. If I, as a parent, can't let a minor child (or even minor adult child!) of mine enjoy two drinks without placing him or her in legal jeopardy, the world has gone topsy turvy.

Kevin

[Dave Ridley]

Hudson PD 603-886-6011 Non-Emergency


Business 603-886-6011   
   603-594-1162 FAX Crime Line 603-594-1150   

So are these cops operating outside NH law or are they just enforcing a bad law?    If the former, maybe I should call the crime  line and report them to them!

[Fluff and Stuff]

Hudson PD 603-886-6011 Non-Emergency


Business 603-886-6011   
   603-594-1162 FAX Crime Line 603-594-1150   

So are these cops operating outside NH law or are they just enforcing a bad law?    If the former, maybe I should call the crime  line and report them to them!

Well, they are likely violating several sections of the NH Constitution, but not written codes that are not based on the Constitution.

I'm still gonna call them and explain that they are violating the NH Constitution and that they need to turn themselves in to the law.  However, I need to look over the NH Constitution so I am able to explain how they are violating their boss.