The Law Office of Vincent J. Caputo is located 4 blocks from West Chester University. Most weekend nights, when the university is in session and the weather is nice, droves of students go out partying. Like most universities in the state, some of those students are under the legal age to consume alcoholic beverages. These under age students could face legal trouble if they are caught by law enforcement intoxicated.
The Dilemma
A problem that some students faced when underage drinking is that if a friend or another party goer, who was also drinking underage, started to have a medical emergency and needed immediate attention. Some young adults in this position would not immediately call for help for fear of being caught under in influence of alcohol. Pennsylvania looked at this problem and passed the Safe Harbor law. Now, if certain requirements are made by the person calling for help, they and the person in need of medical services will be immune to being charged with under age drinking. The requirements are as follows:
A law enforcement officer first became aware of the individual’s violation of section 6308(a) because the individual placed a 911 call or contacted campus security, police or emergency services, based on a reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury.
The individual reasonably believed the individual was the first individual to make a 911 call or contact campus security, police or emergency services and report that the other individual needed immediate medical attention to prevent death or serious bodily injury.
The individual provided the individual’s own name to the 911 operator or equivalent campus security officer, police or emergency services personnel.
The individual remained with the other individual needing medical assistance until a campus security officer, police or emergency services personnel arrived and the need for the individual’s presence ended.
Keep in mind, this is only protection from 6310.1 “Purchase, consumption, possession or transportation of liquor or malt or brewed beverages” or the underage drinking law. It does not make the caller or person in need of medical attention immune to other criminal charges, such as possession of drug paraphernalia or furnishing alcohol to minors.
We all learn. We all make mistakes.
Here at the Law Office of Vincent J. Caputo, we know that everyone is human, and as humans, we all make mistakes. Underage drinking is illegal and we do not advise nor condone anyone under the age of 21 to drink. But, if someone is going to drink underage, make sure a plan is in place and to be safe. Remember, if you see someone that is in need of immediate medical attention, seek help immediately by calling 911 or contacting campus security. If you have been charged with underage drinking, our experienced legal team is here to fight for you. Your future? Our priority!
