EDUCATIONALLY SPEAKING -- Gay Geiser-Sandoval

Rumors are flying about what happened after homecoming dance at the

local high schools. So, here is some free legal advice to ponder for

those who may have attended certain after-dance parties. Some high school

students forget the legal age for drinking alcohol is 21 years of age.

While it might seem nifty to videotape drinking parties for all

posterity, remember that the prosecution could subpoena such videotapes

to be played in court to prove elements of a crime. For this reason, you

may want to advise your teen to either give up a life of crime or at

least stop recording it in permanent record format.

The Foundation of the State Bar of California, in conjunction with the

PTA, has made a great guide available to students and parents. It is

called “Kids and the Law, An A-to-Z Guide for Parents.” However, I think

both teens and parents should read it. Researchers have found that kids

who think they know something about the law say they gained that

knowledge from school (close to half), television (close to a quarter)

and their parents (one in seven). I don’t watch many of the shows about

the legal system, but in my opinion, for the 25% who are learning from

television, most are getting the wrong information.

While a survey of 10- to 14-year-olds found that most know about

serious crimes, these youngsters did not think it was against the law to

break curfew (36%), “beat up” someone (31%), hit a family member (17%),

skip school (23%) or break into someone’s locker (17%).

Many parents do not realize that if they furnish alcohol to a minor,

they can be convicted of contributing to the delinquency of a minor. If

the minor gets in an accident and causes great bodily injury to himself

or others, the parent or other adult faces a jail sentence of six months

to one year, as well as a fine. If a parent knows that his or her child

is a terrible driver, or drinks and drives, the parent who furnished that

car to the child could face civil liability and be sued for negligently

entrusting a car to that child.

While the amount of alcohol an adult may consume before being presumed

under the influence of alcohol while driving is 0.08 blood alcohol

content, it is unlawful for someone younger than 21 to drive with a

content of 0.01. That means drinking almost any alcohol will put a teen

over the limit. If a teen fails to submit to a chemical test, her

driver’s license can be suspended for one to three years. If she is

convicted of DUI, her license will also be gone, and she will have a slew

of other penalties.

Lawmakers believe teenagers really value having a driver’s license. It

is a great way to experience independence once a teen has use of some

wheels. So, the state Legislature has tied severe consequences to teens

who are convicted of any offense that contains the use of alcohol or

drugs, even if the teen and the alcohol are nowhere near a car when the

offense occurs.

For instance, if a teen takes a closed can of beer to the park or

beach, and isn’t even drinking it when an officer should happen by, that

teen is still violating the law for possession of alcohol and faces a

misdemeanor criminal conviction and loss of his or her driver’s license.

Having an open container of alcohol in a car is a crime at any age. But

if the drivers and passengers in a car are all younger than 21, it is a

crime to have a closed container in the car. If the teen is the

registered owner of the car, the car can be impounded for up to 30 days

as well.

It is also against the law to possess false identification, or to use

it to attempt to buy alcohol. If a teen doesn’t have a license when the

offense occurs, the suspension time will begin once a license is

obtained. So, don’t plan on breaking the law at 14 and having the

suspension time take place before you are eligible for a driver’s license

anyway.

If your school doesn’t have copies of this guide and doesn’t plan to

get them, e-mail me and I will let you know how to get a copy.

...

Good luck to all of the kids in our district who will be entering the

first round of competition for mock trial tonight. May you better

understand the Constitution and the criminal justice system by the end of

this month. The public is invited to watch for free. Just come to the

state courthouse in Santa Ana at 5 p.m. on any Tuesday in November and

pick a team to watch.

* GAY GEISER-SANDOVAL is a Costa Mesa resident. Her column runs

Tuesdays. She may be reached by e-mail at o7 [email protected] .