Whether sharing a beer with an underage buddy or throwing a noisy party with free-flowing booze for all, of-age students who provide alcohol to minors risk hefty fines.
ASUO Vice President Ben Buzbee is scheduled to appear in municipal court today to contest a $350 citation for furnishing alcohol to minors at a toga party hosted at his home Jan. 18.
According to court records, 16 percent of cited individuals contest such citations, and ASUO Legal Services recommends setting up an appointment if police conduct ever comes into question.
“Each case is unique,” Legal Services lawyer Laura Fine said. “Any time one generalizes how cases are handled, mistakes are made.”
Out of the 53 municipal court cases in 2002 for Furnishing Alcohol to a Minor, nine pleaded not guilty and were set for trial. But some students may not know that the citation’s severity — specified as a violation or a misdemeanor — plays a key role in their ability to contest it.
In essence, Eugene Police Department officers, and ultimately the city prosecutor, decide whether to cite furnishing as a violation — a lesser offense involving a fine — or as a misdemeanor — a more serious offense involving the possibility of jail time. Despite what is written on the citation, it is the prosecutor who reviews all the police reports and decides how the case will be filed, Court Administrator Marilyn Nelson said.
Located on the top floor of the EMU, ASUO Legal Services offers the assistance of three separate attorneys to students who seek immediate council. Although students are welcome to seek legal aid at any time, Fine said all legal questions and concerns regarding police conduct should be brought to their attention immediately.
“An increasing number of students are choosing to challenge the legality of police conduct,” she said of her cases, “and the majority call to come see us right away.”
If a person furnishes a place to drink, but doesn’t provide the alcohol, it would likely be filed as a violation, city prosecutor Liane Richardson said. A first offense at a non-party type situation — such as a 21-year-old giving a beer to an underage roommate — also is likely to mean a violation, she said.
“There are always mitigating circumstances in every case,” Nelson said, “and these need to be taken into consideration.”
If the furnishing case is filed as a violation, a first-time defendant has the option of pleading guilty and going through the BUSTED diversion program. The program, which was developed by the court, police department and the University’s Substance Abuse Prevention Program, includes a 10-hour class and some final paperwork before the case is dismissed. BUSTED is also offered to those cited for Minor in Possession, which warrants only one chance to participate in the program.
Individuals convicted of a second offense may choose to go to BUSTED II, which would reduce the fine, yet still include a conviction. According to municipal court records for 2002, only six of the 53 defendants opted to go through BUSTED II, which could be attributed to the length of the class, which is 20 hours. But BUSTED II is only available to those who have already taken the BUSTED diversion program or have previously chosen not to attend.
The most important thing to remember when a citation is issued, Fine said, is to show up on or before the assigned court date. A failure to appear is basis for a second citation.