Lee Ann McCabe-Chiacchio, Esq.

This article first ran in the November/December 2007 Mercer County Woman.   We received a tremendous response from parents.  Due to the importance of this topic, we wanted to run it again for the upcoming Prom and Graduation season.  

Parents must be vigilant in educating their children with respect to the dangers of alcohol use.  With proms and graduation approaching, parents must also be especially aware of their own civil and criminal liability should the consumption of alcohol occur in their home.   Whether we want to believe it or not, our children are drinking.    

The statistics are sobering.  According to the National Council on Alcoholism and Drug Dependence, 10% of 7th graders and 17.8% of 8th graders have used alcohol in the last 30 days.  Approximately 4 in 5 (78.5%) of NJ High School students have used alcohol at some point and nearly half (48%) report having used alcohol in the past 30 days.  A large number of 8th graders (67%), 10th graders (85%) and 12th graders (95%) report that it is “fairly easy” or “very easy” to get alcohol.  

Under New Jersey’s Criminal Code, a person is guilty of a disorderly person’s offense if he purposely or knowingly offers, serves or makes available alcoholic beverages to a person under the legal age for drinking unless the consumption is part of a religious observance or the alcohol is given by or in the presence of the individual’s parent or guardian who is of legal drinking age.  If found guilty, the person is subject to up to six months in the county jail and fines up to $1,000.  A person may also be liable civilly for damages to persons or property if he serves alcohol to a guest who is visibly intoxicated, knowing that person is going to drive, and the person who was served the alcohol is involved in a motor vehicle accident.  

Educate yourself and your children.  For the parents who believe that serving alcohol at home is better than having their kids drink elsewhere, take note – 57% of the teens who report that their parents allow them to drink at home, even once in a while, also report that they drink with their friends as compared to 14% of the kids who are not permitted to drink at home.  Perhaps the best thing you can do for your children is to set a positive example.  Remember the old adage, “Actions speak louder than words.” 1 

1  For more information on youth drinking visit websites for The National Council on Alcoholism and Drug Dependence – NJ at www.ncaddnj.org and the Substance Abuse and Mental Health Services Administration (SAMHSA) at www.family.samhsa.gov.

Lee Ann McCabe-Chiacchio, Esq. has more than 16 years experience as a Family Law attorney.  Ms. Chiacchio is an active member of the New Jersey Bar Association, volunteers her time with various organizations and advocates for the rights of children.  Ms. Chiacchio received the Martin S. Goldin Family Law Award for Excellence in Family Law.  Michael P. Chiacchio joined the Law Firm of Lee Ann McCabe-Chiacchio in April.  The firm is now known as Chiacchio & Chiacchio, LLC.  Although we will continue to focus primarily on family law issues, Mr. Chiacchio also handles municipal court matters.  

Michael P. Chiacchio served as a Deputy Attorney General from 2003 until 2007.   Mr. Chiacchio worked for Zazzali, Fagella, Nowak, Kleinbaum & Friedman practicing in the areas of Employment and Labor Law.  Mr. Chiacchio remains affiliated with Zazzali and is now a partner at Chiacchio & Chiacchio, LLC.