Procedures Related to Underage Possession and/or Consumption of Alcohol Policy

If you have been charged with an underage alcohol related violation by the City of Janesville, certain violations can result in the loss of your driving privileges in addition to the monetary penalties (forfeitures) imposed if convicted. If you wish to address some of the underlying alcohol use/abuse issues and, possibly, avoid the monetary penalties and/or effects upon your driving privileges a conviction would normally bring, you may choose to participate in an alcohol assessment and complete all follow-up treatment, therapy and counseling resulting from the assessment as recommended by the health care professional. If you successfully complete such full assessment and all follow-up treatment, there is a possibility that the Court might not suspend your driver's license or impose other penalties.

You have two options:

1. Plead guilty, pay the monetary penalty (forfeiture) and have the court suspend your driver's license from 30-90 days on a first offense. 
2. Participate successfully in the alternative full drug and alcohol dependency assessment, treatment and follow-up program.

If you choose the assessment alternative you must timely do all of the following:

• Appear in court on the date set for your initial court appearance as indicated in the upper left-hand portion of your citation.
• At the initial court appearance, indicate to the court that you wish to participate in a full alcohol assessment and treatment program and will fully comply with all of the follow-up programming, treatments and counseling that may be recommended as a result of your assessment.
• Make an appointment with and see a health care professional, such as a licensed professional counselor or mental health therapist who specializes in alcohol and drug counseling, as soon as possible.
• Assessments may be made by any licensed drug and alcohol dependency health care professional of your choice who deals with alcohol and drug abuse and related issues. The City Attorney's office will not recommend specific therapists or counseling agencies. There are several high quality professionals throughout Rock County, Wisconsin and Illinois. Attending the underage alcohol assessment class at Blackhawk Technical College alone is not adequate. If you are a student at a local high school, your counseling department can provide you with the names of counselors, professionals and organizations who can perform the required alcohol assessment.
• Keep the Janesville City Attorney's Office informed by providing written confirmation of participation from your health care provider and copies of all assessment results and certificates of completion prior to your continued court dates.
• Personally appear at all scheduled court appearances unless you have been specifically told by the City Attorney's Office prior to the time and date set for your court appearance that you need not appear.
• Pay all assessment and related treatment costs and fees charged. It is also your responsibility to ensure that all required paperwork and certifications are provided to the Janesville City Attorneys Office prior to your court date.  If the health care professional offers to mail it, make sure that s/he mails it to the City Attorney's Office.
• Successfully comply with all treatment and follow-up recommendations and directives of the health care professional.
• No further alcohol related violations may occur during the time that you are going to assessment or completing the follow up. If you have any additional underage or other alcohol violations during the pendency of the action, the offer to allow substitute dispositions might be withdrawn and you may face both monetary penalties and/or the loss of your driving privilege.

In the event that you successfully complete the assessment, all follow up treatment and activities that are recommended and timely provide required proof to the Janesville City Attorney's Office, the City will ask the court that conviction be entered against you for this violation with no penalty or driver's license suspension. There will be no other penalties for this offense. Second and subsequent underage alcohol violations involving a motor vehicle require mandatory loss of driving privileges.

Assessment and follow up in an underage alcohol program are not available if you have been charged with violations of the Absolute Sobriety Law and certain other offenses. If this is not a first offense, you must check with the Janesville City Attorney's Office to ensure that you are eligible to participate in this alternative disposition.

If you have any questions, please contact the City Attorney's Office prior to your court date to schedule an appointment to speak with one of the attorneys. Appointments are required.

City of Janesville, WI

Janesville Procedures Related to Underage Alcohol Violations Charged Under Wisconsin Statute sec. 125.07(4) as adopted by Janesville General Ordinance 6-2(a)

Revised: 5/8/01 
This policy subject to change.