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Can you find us an Iraq war vet 18-20?

Started by Dave Ridley, May 23, 2007, 04:13 PM NHFT

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Dave Ridley

I'm considering performing my first prescheduled act of civil disobedience, probably sometime in July.   I'm leaning toward the "serve wine to a 20 year old veteran" idea.

What I would need is a qualifying Iraq veteran...someone between 18 and 20...willing to receive the drink.

Who can find me a volunteer?

If I do this I will first inform the relevant bureaucracies of the time and place; there will be no surprises for them in that regard.  I have not decided for sure to do it.

Kat Kanning

What kind of penalty will it be for the recipient of the drink?

Dave Ridley

Quote from: Kat Kanning on May 23, 2007, 04:15 PM NHFT
What kind of penalty will it be for the recipient of the drink?

I don't know precisely...but I sense it's very minor for the recipient.   anyone want to pitch in with details?

For the server I think it's up to a year in jail and up to a grand or two in fines.

Kat Kanning


d_goddard

Disclaimer: I am not a lawyer, have no training in law, cannot give legal advice, have no idea what the fuck I am doing, and may be drunk.

Negligent Service of Alcoholic Beverages
Possibly also: Reckless Service of Alcoholic Beverages
Disorderly conduct

Notes:
* In the above, "minor" means anyone under 21  ::)
*  "Service of alcoholic beverage'' or "service'' means any sale, gift, or other furnishing of alcoholic beverages.   (ie, no money need change hands)

I don't see anything immediately about the minor himself, but when all else fails, there's "Disorderly conduct"


Interestingly, it's not clear to me that there's a violation of the law under the "service to minors", unless someone files suit:
  507-F:2 Plaintiff. –
    I. Any person who suffers damage, as provided in RSA 507-F:8, may bring an action under this chapter subject to the limitation found in paragraph II of this section.
...
    507-F:8 Exclusive Remedy. – This chapter is the exclusive remedy against a defendant for claims by those suffering damages based on the defendant's service of alcoholic beverages.

Rosie the Riveter

Quote from: d_goddard on May 23, 2007, 04:51 PM NHFT
Disclaimer: I am not a lawyer, have no training in law, cannot give legal advice, have no idea what the fuck I am doing, and may be drunk.

:biglaugh:


Rosie the Riveter

I'll be on the look out for an "underaged" Iraq war vet...


Dreepa

Quote from: d_goddard on May 23, 2007, 04:51 PM NHFT


I don't see anything immediately about the minor himself, but when all else fails, there's "Disorderly conduct"

Isn't there some nonsense about 'internal possession of alcohol'?

Puke

Damn, I'm too old.
The drinker will also have to be willing to get an "Underage Drinking" fine or whatever it is.

KBCraig

Quote from: Dreepa on May 23, 2007, 07:09 PM NHFT
Isn't there some nonsense about 'internal possession of alcohol'?

That's the same as "unlawful possession", except they don't actually catch them with any alcohol other than what is in their bloodstream.

http://www.gencourt.state.nh.us/rsa/html/XIII/179/179-10.htm

179:10 Unlawful Possession and Intoxication. –

[Paragraph I effective until one day after passage of state operating budget for biennium ending June 30, 2009; see also paragraph I set out below.]

    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.

[Paragraph I effective one day after passage of state operating budget for biennium ending June 30, 2009; see also paragraph I set out above.]

    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 $250. Any second and subsequent offense shall be fined at least $500. 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.

Kat Kanning

Re:  someone needing to file suit.  I really don't think you'll have a problem getting the authorities to come down on you, Dave.  It's what they do.

MaineShark

Hmmm... the son of one of my parents' neighbors is a Iraq war vet (Marines) who was in an IED explosion and got a purple heart, and was just at the White House last week getting either that or some other medal awarded.  Would that do?  I can see if he's interested in visiting NH and tormenting the authorities...

Joe

KBCraig

It would be really great if you served two veterans... one who just turned 21, and one who is about to.

In uniform.  >:D


error

Last time I checked, the authorities would look the other way if someone 18-20 in the military drank anything.

David

Not if it is done publicly with some/lots of publicity.   ;D
They will not likely ignore a direct challenge to one of their more frequently enforced laws.  The symbolism is great though.   :D