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Updated 04/02/2009 02:57 PM

The problem of underage drinking

By: Kim Lengle

The problem of underage drinking
WASHINGTON COUNTY -- The state's policy on alcohol consumption has been a hot topic,whether it's debating wine in grocery stores or proposing social host laws. But what hits closer to home is the issue of underage drinking.

"Parents understand, the best intentions are to make sure their kids are so, many parents think that, you know, if I host the party here, we can control the consumption of alcohol, then my kid's not going to be exposed to danger or expose anyone else to danger, but that not true," said Albany County District Attorney David Soares.

"The law is, if parents host the party or are aware of underage person being there and assists in the procuring of the alcohol or serving of the alcohol, they have civil liability, not just criminal liability but also civil," said Farely Jones, who is a partner at the law firm E. Stewart Jones.

And that's the focus of a wrongful death claim brought by the parents of Michaella Lopes.

"No way to bring to the girl back. The best the law can do is provide damages in the form of monetary compensation," said Jones.

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Lopes, a junior in high school, drove from northern Vermont to visit a friend in Washington County. She attended an underage drinking party and chose to get in a car that Dustin St. Andrews drove and later crashed. Lopes and another girl died.

St. Andrews is facing two-and-a-half to seven-and-a-half years in prison and on Friday, his parents will be sentenced for allowing teens to have an underage drinking party at their home.

“Parents have to be aware that they do bear some responsibility," said Jones.

"It is not the lesser of two evils. What should be going on the home is discussions about not consuming alcohol if you are not of age," said Soares.