Zero tolerance for trouble: Police differ on ways to
get the message to offenders
By: John Hilliard / Daily News Staff
(Sunday, January 15, 2006)

As police push for zero tolerance on teen drunken driving, some departments are seeking alternatives to arrests to curb underage drinking. "We try to be strict as we can," said Bellingham Police Chief Gerard Daigle. "It depends on the evidence in each case."

Last month in that town, a 17-year-old captain of the high school football team allegedly plowed a 1998 Mercedes into a snowbank and critically injured two teammates. The driver has been charged with drunken driving, being a minor in possession of alcohol and other charges.

Police also have charged two adults and a second 17-year-old for providing alcohol to minors in connection with the crash.  Daigle said fellow teens provided police with information leading to the arrests.

"Based on what the officers were given, we were able to follow up," he said.

Stopping teen drinking before it leads to injury or worse is a priority. "It seems to be a chronic problem as far as teen drinking goes. We need to get the message out there," he said. Bellingham Police have a student resource officer assigned to the schools and the department offers the national Drug Abuse Resistance Education program, he said. Daigle’s officers also undergo training in alcohol and substance abuse.

Teen drinking rates

In the case of a double-fatal crash in October in Southborough and the recent Bellingham accident, police reports indicated teens involved in the crashes attended parties where alcohol was present, despite the state’s minimum age of 21 for buying or drinking alcohol.

In Southborough last October, a Land Rover carrying three Algonquin Regional High School students struck a Northborough Road utility pole -- killing two sisters and injuring their 15-year-old friend. According to Northborough Police reports, witnesses said the 17-year-old driver was "wasted" before the accident, The Worcester County district attorney’s office decided against filing charges against anyone connected with the party before the crash.

Teens caught with alcohol, except food service employees over age 18 who serve it, face fines and a 90-day driver’s license suspension. Despite the law, underage drinking in Massachusetts is widespread.

"Alcohol rates are generally higher here than in other parts of the country," said Michael Botticelli, the state Department of Public Health’s assistant commissioner of substance abuse services.

According to a 2002 state Department of Public Health youth survey, Massachusetts averages for drinking among high school students were as high as 20 percent above the national average.
The survey polled 3,000 students in grades 6-12. Among ninth-graders, about 40 percent of students reported "current use" of alcohol -- a figure that jumped to nearly 70 percent among 12th-graders.

Among 12th-graders nationwide, about 50 percent report current alcohol consumption in 2002.
Though Botticelli said a majority of Massachusetts teens do not drink, those who do often think it is common among classmates. "What kids perceive their peers are doing is an important predictor," said Botticelli. "Kids want to fit in."

Possession equals arrest

Making an arrest for underage drinking is sometimes a challenge, said Hopkinton Police Chief Thomas Irvin.
"Once police arrive, signs of alcohol tend to disappear," he said.  Police can use clues, such as the smell of alcohol on someone’s breath or nearby empty containers, to decide whether to press charges, said Irvin. He added police do not need to see an underage person drinking; just someone holding an open container is a violation.

If Hopkinton Police have enough evidence, "they are expected to take out a request for court complaint (summons) or arrest," said Irvin. Irvin said parents handle a child’s underage drinking charge seriously, but believes those facing charges see it differently.

"I think the underage people involved are of the mindset of, ’What’s the big deal?’" said Irvin.  Hopkinton and Holliston both enforce anti-drinking laws that prohibit alcohol consumption in public areas, regardless of age.

Holliston Police Chief James Peterson said, "The younger the person is, the more alcohol involved, the more likely they’ll be arrested." Holliston Police usually arrest teens on the charge, unless there are circumstances "when you wouldn’t want to go to court," he said.

Though years ago empty alcohol containers were stored at the police station, Peterson said beer kegs with identification tags have allowed investigators to trace alcohol purchases back to the source.  "If we get some kids in a car with a case of beer, someone’s going to be arrested," he said.

Teens caught with alcohol in Framingham could face arrest, but police keep an eye out for underlying problems in teens’ lives. "We leave it to the officers and their supervisors’ discretion," said Lt. Vincent Alfano. "We do take a firm stand on that, especially if a minor is involved."

While any teen under age 17 will have his or her parents notified by police, officers will also meet with the family to address the problem, said Alfano. Police want to determine whether personal problems may be leading to criminal behavior.

Framingham Police have an in-house counseling service called Psychiatric Emergency Services, which meets with teens and their families.  "We see if there’s a need to bring (the Department of) Social Services in," said Alfano. "When it comes to juveniles, you have a little more latitude."

Alfano said police have "zero tolerance" on teens with alcohol.  "If it’s a disciplinary issue, then certainly we (use the) courts," he said.  Natick Police Lt. Brian Grassey said officers in that town try to decide what action best fits the situation.  "We don’t have an established policy," he said. "Each is handled on a case-by-case basis."  The department offers a program to treat teens suffering from substance abuse, and a juvenile officer teaches schoolchildren about the dangers of alcohol.

"It’s necessary to arrest if we can’t get a hold of the parents," said Grassey.

The Department of Public Health’s Botticelli said parents need to talk with their children about alcohol abuse.
"Part of our focus is really trying to improve parent-child communication that underage drinking is unacceptable," he said. "Kids were less likely to drink if they knew it was going to upset or disappoint their parents." While teens are educated about the dangers of alcohol abuse, he said parents need to set an example for their kids.

"I think many kids understand some of the consequences of it, but there’s a feeling of invincibility," said Botticelli. "It’s not going to happen to them."
 

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