A West Hazelton middle school teacher has been arrested and charged with furnishing alcohol to a minor Nicco Madden. West Hazleton police arrested Nicholas Graziano following an investigation into a car crash in which Madden was arrested on suspicion of DUI. Madden’s blood-alcohol concentration (BAC) was 0.161 when tested following the accident. A driver under the age of 21 is considered under the influence of alcohol with a BAC of 0.02 or higher under Pennsylvania drunk driving law. The minor’s blood alcohol was eight times that amount and double the legal limit for adults. The middle school teacher complied with request to come to the police station for an interview and eventually admitted to furnishing the alcohol and knowing that Madden was a minor. The teacher initially denied giving alcohol to the teen but eventually admitted that he gave the high school student one 24-ounce bottle of the malt liquor beverage though Madden said it was 3 bottles.
A person who furnishes alcohol to a minor may be convicted of a third-degree misdemeanor under Pennsylvania criminal law. Under Pennsylvania criminal law, a person who furnishes alcohol to a minor commits a third-degree misdemeanor. While a conviction for furnishing alcohol to a minor typically results in jail time, it can result in a sentence of up to a year in jail and requires a minimum fine of $1,000. The school where the teacher works has indicated that the teacher has been suspended with pay until the criminal case is resolved.
The experience of this middle school teacher offers some insights for others faced with similar situations including the following:
Never Speak without a Pennsylvania Criminal Defense Attorney: The middle school teacher admitted to the two key facts that the prosecutor needs to successfully prosecute the case. The teacher admitted intentionally provided the alcohol to the minor and that he knew that the minor was under 21. The teacher admitted both facts under questioning from police without the benefit of an attorney. The teacher did not help himself by admitting this information and made the job of a criminal defense attorney more difficult. If faced with such a situation, you should always invoke your right not to speak without your criminal defense attorney present. If you do make a statement or admission, it is important to retain a criminal defense attorney immediately who may file a motion to suppress the statement depending on the circumstances of your case.
Consequences beyond Criminal Sentencing: This story was published in media and newspaper outlets under such headlines as “Hazleton teacher charged with giving alcohol to minor.” While it is rare that a first time offender goes to jail in Pennsylvania for furnishing alcohol to a minor, public exposure of a teacher for furnishing alcohol to minors is very damaging to his professional and personal reputation. The teacher could also lose his job and struggle to maintain his ability to teach. A criminal conviction can have serious long-term consequences to ones reputation and career.
Discretion in Sentencing: We have noted above that generally it is rare that a person receives jail time for a first time offense of furnishing alcohol to a minor in Pennsylvania. However, a judge had discretion to impose a sentence of up to a year in jail. In this case, the minor indicated that the teacher provided three 40 ounces bottles resulting in a very high BAC level in the minor who then was involved in a motor vehicle accident. These are exactly the types of facts that could motivate a judge to impose jail time particularly if the car accident resulted in someone being injured.
An Admission Is an Admission: The teacher admitted furnishing the alcohol but allegedly lied about the amount. This is a classic example of a mistake by someone without the benefit of legal advice. The statute does not make it “more okay” if less alcohol is provided. A police station is an oppressive setting where people often feel the need to be helpful or admit what they regard as smaller offenses in the hopes that such tactics will make everything go away. In reality, these admissions can provide critical evidence supporting a conviction, create legal grounds for a search and arrest or simply encourage the officers to intensify their interrogation efforts.
Unintended Consequences of Minor Criminal Offenses: While it does not appear that this incident resulted in a DUI related fatality, the DUI car accident by the minor easily could have resulted in serious injury or death to an innocent third-party. This can mean substantial civil liability for financial damages in a lawsuit, additional criminal charges and the long-term emotional consequences that accompany knowledge that one’s actions caused serious injuries or death.
This middle school teacher’s life may be changed forever if he is convicted of furnishing alcohol to a minor. If you are faced with potentially life-altering criminal charges, you should invoke your right to remain silent and obtain immediate legal advice from an experienced Pennsylvania criminal defense attorney. There is no reason to hesitate or delay in obtaining legal advice because you have nothing to lose from such advice and everything to gain.
If you are looking for an experienced Pennsylvania criminal defense attorney to answer your legal questions and evaluate your case, call me today. I will sit down with you and discuss the law and custom strategy for your case at no cost to you. It all begins with a phone call at (412) 475-9217 or 1-855-DUI-CRIM. to protect your future.
