Authorizes courts to suspend a driver's license where the holder fails to adhere to the court

SECTION 2 - amends subdivision 3 of section 510 of the Vehicle and Traf- fic Law to add new paragraphs 1 to provide that drivers licenses may be suspended for failing to appear before the court or pay a fine or to complete an alcohol awareness program or complete community service imposed by the court pursuant to subdivision 3 of section 65-c of the Alcohol Beverage Control Law.

SECTION 3 - amends subdivision 4-a of section 510 of the Vehicle and Traffic law to add subdivision 3 of section 65-c of the Alcoholic Bever- age Control Law to the list of violations for which failure to appear will lead to suspension of a drivers license.

SECTION 4 - provides that this act shall take effect on the first of January next succeeding the date upon which it shall have become law.

Purpose and justification

Local Justices are reporting an alarming number of young people who are simply disregarding the sentence of the court in case of underage possession of alcohol. Many apparently realize that if they do not pay the fine, or complete a course or community service, or even appear, there is nothing more that the court can do. Because jail time is not a possible sentence, the court cannot issue a warrant. The fines or educational and service requirements currently allowed cannot be increased as an incentive to complete the sentence of the court.

In a recent year in one local court, out of ninety-six arrests for underage alcohol possession, six persons had failed to appear, one person had not paid his fine, Two were still pending pretrial and thir- ty-five (3010 had not completed their court ordered alcohol awareness program. Only sixty-eight (60%) had appeared, paid their fine and

completed their course, which is actually higher than the rate of success in some courts because the court in question tries to involve the young person's parents in the process. The unenforceability of the current law minimizes the seriousness of alcohol abuse, encourages a lack of respect for the courts and the law by young people and weakens the educational and therapeutic purposes of these laws to discourage underage drinking. Without intervention, the young people who illegally using alcohol while underage are often more likely to become adults who abuse alcohol and come before the courts charged with DWI violations. It is important that when youths have their first brush with the courts with underage alcohol use, they recognize the seriousness of alcohol abuse and are provided with suitable counseling and education.

Existing law

Alcoholic Beverage Control Law section 65-c makes possession of alcohol with intent to consume by a minor illegal.

Prior legislative history

2011-12: S.3188/A.5722 - PASSED SENATE/Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding, the date upon which it shall have become law.