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Virginia State Laws

Virginia State Laws. JMU Office of Judicial Affairs.

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Virginia State Laws

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  1. Virginia State Laws JMU Office of Judicial Affairs

  2. Foundational Plan for Each College or University -Every VA college or university had to design a Foundational Plan by Jan. 1, 1999 to reduce binge & illegal drinking. To fight alcohol abuse, the plan should bring purpose and accountability to all members of the community. Rebuild the Campus Culture -Campus and local communities must work together to Rebuild the Campus Culture from one that tolerates binge and illegal drinking to one that promotes personal responsibility, scholarship and citizenship. Enforcement -University administrators and law enforcement agencies will work together to enforce Virginia’s alcohol laws both on and off campus. They must consistently enforce policies to make it clear that binge and illegal drinking will no longer be tolerated. Education - All colleges and universities must implement alcohol and drug abuse education programs emphasizing: 1) Health and safety hazards of binge drinking and alcohol use, 2) Virginia alcohol and drug laws and penalties for violation, 3) University alcohol and drug policies and penalties for violation. FREE: Virginia Attorney General’s Task Force Recommendation

  3. 64% of violent crime on campus is alcohol-related at least 50% of sexual assaults among college students are associated with alcohol use (Abbey et al., 1996a, 1998) Each year students spend $5.5 billion on alcohol (Drug Strategies, 1999) 58% of all college students do not engage in binge drinking The Depth of Alcohol Abuse on Campus

  4. Purchasing or possessing alcoholic beverages if you are under 21 $500 fine a minimum 50 hours community service suspension of driver’s license Fraudulent use of driver’s license or student ID card to buy alcohol the court will revoke the person’s driver’s license for 30 days to 1 year Did you know? You can be charged with possession even if you have ingested an alcoholic beverage? Whether internal or external, possession is the operative word. Alcohol and Other Drug Offenses

  5. Drinking alcoholic beverages, or offering to another, in public places Any person who takes an alcoholic drink or offers a drink to another in a public place (whether it’s accepted or not) is guilty of a Class 4 misdemeanor. Manufacturing, giving, selling, or distributing a controlled substance (or an imitation controlled substance) Did you know? All state university property is considered “a public place.” “Intoxication” is a condition in which a person has consumed enough alcohol that his/her disposition, speech, muscular movements, behavior, and general appearance are noticeably affected. “Sharing” prescription medication is as illegal as “giving” a controlled substance. Alcohol and Other Drug Offenses

  6. Possession of marijuana is a misdemeanor possible jail time for up to 30 days a fine as high as $500 a second conviction is considered a Class 1 misdemeanor Sale, distribution, possession of marijuana 12 months to 30 years in jail, depending of the amount of marijuana Possession of controlled substances is unlawful (without prescription) Possession or distribution of gamma-butyrolactone Class 3 felony Illegal stimulants and steroids jail term of 1 to 10 years possible fine of up to $20,000 Alcohol and Other Drug Offenses

  7. Alcohol and Other Drug Offenses • Drug Paraphernalia • Drug Paraphernalia is defined as any equipment, products or materials that can be used to grow, manufacture, process, package, store, conceal or ingest any controlled substance. • Seizure and forfeiture of drug paraphernalia • All drug paraphernalia as defined above shall be forfeited to the Commonwealth. The paraphernalia may be seized and disposed of in a manner prescribed.

  8. Alcohol and Other Drug Offenses • Inhaling drugs or other noxious chemical substances • It’s illegal to deliberately smell or inhale any drugs or chemical substances. Ex: nail polish, glue • This is a Class 1 misdemeanor. • Profane swearing and intoxication in public • It’s illegal to curse profanely, swear, or be intoxicated (by alcohol or any drug) in public. • This is a Class 4 misdemeanor. • Maintaining common nuisances • All houses, buildings, clubs, fraternity and sorority houses, boats, cars, and every place alcohol is stored, sold, or given away must operate within the VA state law or be deemed a common nuisance. • The owner will be charged with a Class 1 misdemeanor.

  9. Illegal sale of alcoholic beverages in general No one can sell alcohol in the state of Virginia without a license issued by the Commonwealth. This is a Class 1 misdemeanor. Purchase of alcoholic beverages from someone without authorization to sell No one may purchase alcohol from people that are licensed by the Commonwealth of Virginia. This is a Class 1 misdemeanor. Persons to whom alcohol may not be sold No one shall sell alcohol to people, when at the time of the sale are: under 21 years old, interdicted, or intoxicated. This is a Class 1 misdemeanor. Did you know? An interdicted person is one who has already been denied the right to drink. Ex: “Cut off” by a bartender. Alcohol and Other Drug Offenses

  10. Driving Drunk • Driving a motor vehicle while intoxicated • It’s illegal for anyone to operate a motor vehicle while having 1) a BAC of 0.08% or higher 2) is under the influence of alcohol 3) under the influence of a narcotic 4) under the combined influences of alcohol and any narcotic. • Drinking while operating a motor vehicle • It’s illegal for anyone to drink alcohol while driving in VA. • This is a Class 4 misdemeanor. • Persons under 21 driving after illegal alcohol consumption - It’s illegal for someone under 21 to drink and then drive (BAC greater than 0.02). • This is punishable by forfeiture of license for 6 months • a fine up to $250 minimum, $2500 maximum • completion of ASAP.

  11. Driving DrunkLaws as of July 1st 2004 • First DUI • Mandatory 5 days in jail for BAC between >.15 and <.20 • Mandatory 10 days in jail for BAC > .20 • Driver’s license suspended for 1 year • Ignition interlock required for BAC > .15

  12. 1. Down payment on a small house 2. Trip to Europe for 2 3. 1 semester at JMU 4. 375 CD’s 5. 1 used car or 1/2 payment for a new car 6. 800 movie tickets 7. 100 pairs of shoes 8. 186 haircuts 9. 112 dinners for two 10. 3,200 cups of coffee Top 10 Things You Can Buy for the Cost of a DUI - $5600

  13. Implied consent to post arrest chemical test to determine drug or alcohol content of blood Any person who operates a motor vehicle in VA shall be deemed to have given consent to have blood samples taken. Refusal of tests If a person has been arrested for the above violations and then refuses to take a BAC test, the officer will take the person before a committing magistrate who will issue a warrant. Certain conduct punishable as involuntary manslaughter Anyone who is driving under the influence and unintentionally take the life of another will be charged with involuntary manslaughter. This is a Class 5 felony Driving Drunk

  14. Rape. It’s against the law to have sexual intercourse without consent. This can be accomplished through 1) force or threat of violence 2) physical or mental incapacity 3) with a child under the age of 13. 5 years to life in prison Rape is a felony Sexual Battery. It’s illegal for anyone to sexually abuse a victim against the will of the victim by use of force, threat or intimidation, or through the use of the victim’s mental incapacity or physical helplessness. Criminal Sexual Assault Did you know? It’s a misconception that “DATE RAPE” is not as serious as RAPE. “DATE RAPE” is a slang term, not a legal one. RAPE IS RAPE!! A lack of consent usually includes saying “no”or being too intoxicated or drug-influenced for the person to be able to either resist or consent.

  15. JMU Policies JMU Office of Judicial Affairs

  16. Big Three Policies Three Strikes: 1998-99 Bottom Line: A student found responsible for three alcohol or drug violations may be suspended from the university for a minimum of one semester. For the first and second violations, a variety of sanctions may be used depending on the individual needs of the student.

  17. Big Three Policies Parental Notification: March 1999 Bottom Line: Parents of all students under the age of 21 will be notified of their students’ alcohol or drug violations after any first major or second minor violation. Notification occurs through a letter from the Associate Vice President. In this letter, parents are encouraged to talk with their student first and then are referred to Judicial Affairs for further clarification. Philosophy: JMU seeks to partner with the parent in helping students be successful at the university.

  18. Big Three Policies • Do you know the difference between minor and major violations? • Examples?

  19. Big Three Policies • Examples of major violations: • DUI • Distribution of Drugs • Drug/alcohol related hospitalization • Keg registration violation • Examples of minor violations: • Possession of alcohol underage • Possession of marijuana • Open container • Drunk in public

  20. Big Three Policies Off-Campus Adjudication: 1999-2000 Bottom Line: Students who are convicted in Harrisonburg or Rockingham County of an alcohol or drug violation or any felony will be charged with a JMU policy violation. Philosophy: JMU is responsible for its students, whether the student is on campus or out in the community.

  21. By the Numbers Formula: 0-1-2/1-4 0The times to abstain: "OBSERVE“ On medication or illness Behind the wheel or task which needs full functioning Stressed or tired Either Parent is alcoholic Recovering from alcoholism Violating any laws or policies, or personal values (If you are under 21) Expecting, nursing, or considering pregnancy 1No more than one drink per hour One drink is 12 oz. beer, 4 oz. glass of wine, or 1 oz. 100 proof shot 2/1No more than two drinks per day (men) or one for women 4No more than four times per week

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