Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, June 4, 1990 TAG: 9006040322
SECTION: VIRGINIA PAGE: A3 EDITION: EVENING
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
Gov. Douglas Wilder, Attorney General Mary Sue Terry and legislators have touted the law as a tough new weapon against teen-age drinkers, but those familiar with the law say many of the juveniles never go before a judge.
Teens caught with alcohol often are let off with a warning or if they are charged, they go before a juvenile intake officer who recommends counseling or community service.
"A lot of kids get cut a break," said Officer Bob Wall, a Fairfax County traffic safety officer. "If the kid is not intoxicated and is not abusive, the officer could opt to have the kid pour it out and call his parents."
There aren't enough police officers to enforce the law strictly, Wall said. "If they charged everyone they met up with on a Friday night who was underage drinking, that's all they'd do."
Still, Wall and other law enforcement officials said the law is a good tool that could become more effective with changes that go on the books July 1.
"I don't think it's going to keep kids from drinking," Wall said. "It is a good tool because it makes the kid think."
The law that took effect last July requires that youths ages 13 to 17 lose their driving privileges for six months for possessing or buying alcohol and a year for driving under the influence of alcohol. In hardship cases, judges may issue restricted licenses that allow for driving to work or school.
Between July 1 and the end of April, 266 teen-agers either lost their licenses or were forced to wait past their 16th birthday to get one, according to the Department of Motor Vehicles. Restricted licenses were issued to 97 teens.
Far more teens are arrested for drinking violations in a year. Virginia State Police figures for 1989 show that 419 teens ages 13 to 17 were arrested for driving under the influence of alcohol and more than 1,600 were charged with possessing or buying alcohol.
In Roanoke, the problem is "getting the kids before the court," said Ginny Brobeck, probation supervisor for Juvenile and Domestic Relations Court.
"It's easier for the officers to ignore it (teen-age drinking), take the stuff away and call the parents," Brobeck said. "If they come before the court, it will work."
Too often, she said, police are "turning their backs on what's going on, unless it's flagrant . . . and the kids have an open can."
Judge Philip Trompeter of the Juvenile Court is "a very strong advocate" of the "abuse and lose" law, she said.
"Any time you have a new law it takes a while for the word to get down to police officers, judges, intake officers, as to what the new provisions are and how it's all going to work," said Del. James F. Almand, an Arlington Democrat who sponsored the bill.
"We have to continue to get the word out about the new law and I think that will do several things. It will cause police officers to make more arrests because they understand there are consequences to doing that," he said.
Almand sponsored two changes to the law that take effect in July. One will expand the law to cover illegal drug offenses and the other will allow police to issue summonses for DUI offenses instead of juvenile petitions.
A summons will act as a traffic ticket and force the juvenile to go before a judge. Under a petition, the case is referred to an intake officer who may or may not send it to court.
The change should lead to more use of the law, judges and police said.
"We have not had a lot of use for it but I think we will," said Arlington County Juvenile and Domestic Relations Court Judge Andrew B. Ferrari. "It's a good idea and I think it's a very good tool."
The addition of drug offenses to the law will make less of a difference, said Juvenile and Domestic Relations Court Judge Herbert I.L. Feild, who sits on the Peninsula. "With kids we see more alcohol problems than we do drugs," he said.
The law has been publicized through brochures given to teens when they get their driver's licenses, but Feild said many juveniles remain unaware of its provisions.
"I've found that it comes as somewhat of a shock to the kids and also to parents. Despite all the publicity, I don't think that the juveniles understand the impact," he said. "I expect as we get more cases and they spread the word themselves the law will have more impact."
by CNB