Five teens face charges in underage drinking party

From reading the article these teen were not driving or attempting to drive. They are college bound or college age students. Go to ANY college campus and that is typical behavior. Is this really news worthy? I don’t think so. Ticket them, fine them, make them do some community service, attend an alcohol abuse class, but really leave them out of the news.

They say they are going to crack down and they did!

I say to all of those who are going to have a drinking party, go to Geneseo to 4 Court Street and have one. That way you will be saving us the Taxpayers some Money by not having to send the Police on the road to Arrest You as they will just have to come outside to the Parking lot!!

We will appreciate this Greatly!!

It is news especially after a couple Minors coming up with Alcohol Poisoning. Also a College Student Found Dead from Alcohol! And it was said they were going to crack down on this type of thing and are!

Jeannie wrote:

From reading the article these teen were not driving or attempting to drive. They are college bound or college age students. Go to ANY college campus and that is typical behavior. Is this really news worthy? I don’t think so. Ticket them, fine them, make them do some community service, attend an alcohol abuse class, but really leave them out of the news.

FYI They didnt get arrested...just ticketed.. = )

You get a Traffic Ticket, this is a Traffic Arrest, Just because they didn't take you in, book you, mug shots etc. doesn't mean there wasn't an arrest.

The Tickets They got in fact are for the Drinking is In Fact an Arrest!

http://law.onecle.com/new-york/criminal-proce...

" 2. If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person need not be brought before a local criminal court as provided in subdivision one, and the procedure may instead be as follows:
(a) A police officer may issue and serve an appearance ticket upon the arrested person and release him from custody, as prescribed in subdivision two of section 150.20"

MEe wrote:

FYI They didnt get arrested...just ticketed..=)

If you're gonna drink, be smarter about it! Come on -- we have all been there and all drank underage... but did we get arrested or ticketed? We were smart about it!

Or just plain lucky!

i would like to inform you all that this will not be on their record. i was at this party and it was my friends who were "arrested" which was not true. they were released to their parents. yes we made a mistake and we have learned from the mistake we made. but this is really dumb that its on the news. no one else needs to know that my friends and i made a mistake. there is no need to have this all over the news. My friends didnt plan for this all to happen and the news casting is making it all worse. There were DD at this party and no one was going to drive home. we were being safe about it, Also there were sober people there like me who were watching the others. Can we please just take it off the news. i mean they are already getting in enough, does the whole community need to know about our one time mistake. i think not.

college student wrote:

i would like to inform you all that this will not be on their record. i was at this party and it was my friends who were "arrested" which was not true. they were released to their parents. yes we made a mistake and we have learned from the mistake we made. but this is really dumb that its on the news. no one else needs to know that my friends and i made a mistake. there is no need to have this all over the news. My friends didnt plan for this all to happen and the news casting is making it all worse. There were DD at this party and no one was going to drive home. we were being safe about it, Also there were sober people there like me who were watching the others. Can we please just take it off the news. i mean they are already getting in enough, does the whole community need to know about our one time mistake. i think not.

I agree with you, as I posted above. You do have a responsibility to the community to keep yourself and friends off the roads. Behave responsibly and realize the drinking age is 21. I still believe the incident could have been handled more discretely. There have been kids doing much worse that you never read about. Use this incident as a reminder to make appropriate choices.

Actually they were Arrested and released as the law calls for in this case. It is also recorded and kept by all departments unless it was dismissed in court or a not guilty verdict. Then under NY Law the State and Local agencies must return any photo's taken and destrow the records as they are now meaningless. BUT The FBI Keeps them and they are still there.
Also read the law I copied above on this page. It has the NY State Laws regarding Arrests. Like getting a Traffic Ticket, you might think you havent been arrested but you have!

college student wrote:

i would like to inform you all that this will not be on their record. i was at this party and it was my friends who were "arrested" which was not true. they were released to their parents. yes we made a mistake and we have learned from the mistake we made. but this is really dumb that its on the news. no one else needs to know that my friends and i made a mistake. there is no need to have this all over the news. My friends didnt plan for this all to happen and the news casting is making it all worse. There were DD at this party and no one was going to drive home. we were being safe about it, Also there were sober people there like me who were watching the others. Can we please just take it off the news. i mean they are already getting in enough, does the whole community need to know about our one time mistake. i think not.

We have had a rash of incidents with 2 children ending up with Alcohol Poisoning and 1 Death in the past year. The County Sheriff has stepped up and made stopping these occurances from happening.

When you mention Responsibility, keep in mind that The Sheriff is Accountible to the Citizens of the county and it is his Responsibility to Keep them informed and always has done so as Every arrest is published on the Sheriffs Website.

Jeannie wrote:

<quoted text>
I agree with you, as I posted above. You do have a responsibility to the community to keep yourself and friends off the roads. Behave responsibly and realize the drinking age is 21. I still believe the incident could have been handled more discretely. There have been kids doing much worse that you never read about. Use this incident as a reminder to make appropriate choices.

When a minor is ticketed for a violation of the Alcohol Beverage Control Laws it is a violation, not an arrest. An arrest means to seize or detain. That means a misdemeanor or better. Possession of alcohol with intent to consume (ABC Sec. 65) is a violation, not a misdemeanor. If they don't read you Miranda, you're not being arrested.

http://law.onecle.com/new-york/criminal-proce ...

" 2. If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person need not be brought before a local criminal court as provided in subdivision one, and the procedure may instead be as follows:
(a) A police officer may issue and serve an appearance ticket upon the arrested person and release him from custody, as prescribed in subdivision two of section 150.20"

It still is an arrest!

SweetJustice wrote:

When a minor is ticketed for a violation of the Alcohol Beverage Control Laws it is a violation, not an arrest. An arrest means to seize or detain. That means a misdemeanor or better. Possession of alcohol with intent to consume (ABC Sec. 65) is a violation, not a misdemeanor. If they don't read you Miranda, you're not being arrested.

PS they don't have to Mirandize you! They only have to do so if they are Holding you and questioning you. They also don't do so when you get a Traffic Ticket which also is a Traffic Arrest and you have been held for the lenght of writing the Ticket in accordance with NY Law.

SweetJustice wrote:

When a minor is ticketed for a violation of the Alcohol Beverage Control Laws it is a violation, not an arrest. An arrest means to seize or detain. That means a misdemeanor or better. Possession of alcohol with intent to consume (ABC Sec. 65) is a violation, not a misdemeanor. If they don't read you Miranda, you're not being arrested.

Yes, holding and questioning is an arrest. You can be ticketed for a violation without being arrested. The test on whether an arrest takes place turns on whether a person is restrained or free to go. A violation is non-criminal.

this is not an ABC case. this is a serving alcohol to minors charge. there's a difference. and technically the charge is either endangering the welfare of a child/alcohol, or most probably unlawfully dealing with a child/alcohol. and depending on the degree, could be a felony. but they were released, so its probably a class A misdemeanor. and you are arrested when you get an appearence ticket. the court is "trusting" that you will return to court without placing a bail. and guess what? when you go to court they are going to take you prints and physical features for their arrest report. and the judge will repeat your Miranda rights before any further action. and just because your case is expunged, doesn't mean it isn't on your record, its just sealed to the general public. law enforcement, military, and some colleges have the ability to gain access to those records. and holding you and questioning you is NOT an arrest. they can legally detain you for up to 24 hours hours without cause.(not sure on if NYS raised that detention time due to homeland security). others states law allow up to 72 hours.

You are held while they write the Ticket, it is STILL an arrest, someday get a bunch of them or even just 1. Go file for a job where there is an FBI report check! They will know about this Ticket and ask you if you have ever been arrested!

I know someone who was turned down because of this. Because someone is released to go on, people assume that there was no arrest, this is not so, it is just a different type. When arrest comes into a conversation we all see someone behind bars, some are taken in to do paperwork and released and issued an appearance ticket, that is also an arrest as under the law it is defined differently than in a dictionary.

SweetJustice wrote:

Yes, holding and questioning is an arrest. You can be ticketed for a violation without being arrested. The test on whether an arrest takes place turns on whether a person is restrained or free to go. A violation is non-criminal.

Being ticketed for a violation is not an arrest. With a violation there is no fingerprinting, no detention, no need for Miranda since there is no questioning. In fact, in NY the officer has up to a year to write a ticket after a traffic stop, the motorist doesn't even have to be present for the ticketing and can resolve it without ever appearing in court.

Is a parking ticket an arrest? No. Multiple unpaid parking tickets can lead to an arrest, but the initial parking violation is just a fine, not an arrest. For better or worse, ABC possession with intent, UPM under 25g., all violations only with the same weight as a parking ticket.

A Parking ticket, get real, But ask a Police Officer, A Ticket as described in the Links I have given show NY Law and explain it is an Arrest!

SweetJustice wrote:

Being ticketed for a violation is not an arrest. With a violation there is no fingerprinting, no detention, no need for Miranda since there is no questioning. In fact, in NY the officer has up to a year to write a ticket after a traffic stop, the motorist doesn't even have to be present for the ticketing and can resolve it without ever appearing in court.
Is a parking ticket an arrest? No. Multiple unpaid parking tickets can lead to an arrest, but the initial parking violation is just a fine, not an arrest. For better or worse, ABC possession with intent, UPM under 25g., all violations only with the same weight as a parking ticket.

allen6 wrote:

A Parking ticket, get real, But ask a Police Officer, A Ticket as described in the Links I have given show NY Law and explain it is an Arrest!
<quoted text>

Obviously, some of the others don't quite know the law like you do.

They should all be arrested, maybe others will learn and be saved from having their stomach pumped, or death. The Sherrif's Department is doing a great job, soe of the parents who are supplying the alcohol are not and are poor examples for their children.