FROM THE DESK OF GERALD L. MARCUS

Kids and the Law

In our last issue, I wrote an article about current problems with the insurance industry, and how unfairly they treat people who suffer losses and are forced to file a claim. The insurance industry does not discriminate. They treat all claimants equally unfairly. I would like to switch gears however, and dedicate this issue to “Kids and the Law”.

I have two daughters, ages 16 and 12. My 16 year-old is now driving and faces all of the other issues that go along with being a teenager in high school in Southern California. What is even more concerning is that my 12 year-old, along with her friends, are far more advanced with respect to most “kid” issues, than kids were when I was growing up and around that age. I am constantly amazed at how advanced, intelligent, and sophisticated kids are today. This is why I am focusing this article on the laws concerning alcohol and driving pertaining to kids.

The legal drinking age in California is 21. A recent survey revealed that roughly one in two 9th graders consumed at least one alcoholic drink, and more than 40% of 11th graders admitted drinking enough alcohol to become “drunk or sick”. It is illegal to give a minor an alcoholic beverage, even in your own home.

Persons under 21 are not permitted top possess alcohol in public places. It may be illegal for a person under 21 to be in a bar or establishment where liquor is being served. A parent of a minor child who causes a traffic accident drinking alcohol in the home may face a misdemeanor charge. Young people between the ages of 13 and 21 who violate the law may have their driver’s license suspended, revoked or delayed for up to one year for each offense related to the possession, consumption or purchase of alcohol, even if the offense does not involve an automobile. Driving under the influence of alcohol (DUI) often requires the payment of a large fine, a mandatory jail sentence, and the suspension or revocation of a driver’s license.

Laws related to driving, alcohol and minors are particularly strict. In many situations it is illegal for a person under 21 to carry a closed container of alcohol in a vehicle. It is illegal to drive a vehicle with a Blood Alcohol Concentration (BAC) of under 0.01 percent or more if you are under 21. If your teenager is stopped for DUI, they must submit to a requested breath, blood or urine test. Refusal to do so may result in suspension or revocation of their driver’s license privilege. If your child is convicted of DUI, and is under 18, his or her license will be revoked, and participation in alcohol education or community service programs will be required.

These are just a few of the laws applicable to kids, drinking and driving. The much more staggering statistics involve accidents, injuries and deaths caused by minors or involving minors who were drinking alcohol. Talk to your kids!