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  1. #1

    Post Pennsylvania Underage Citation

    My question involves criminal law for the state of: Pennsylvania

    This weekend, I was out with some friends at a bar (they were over 25), and I had literally A SIP of alcohol when an undercover state trooper popped up behind be with his badge asking for my I.D. I am 20 years old so obviously I was cited for underage drinking.

    I know the laws have recently changed here in PA, so what types of charges am I looking at? This is my first offense for anything, EVER. I know you guys aren't here to act as the judge on my case, but I was just looking for some advice.

    I'm not sure whether I should plead not guilty in court, in hopes of getting charges lowered, or to just plead guilty and get it over with?

    I was never given a breathalyzer test or anything of that nature.

  2. #2
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    Default Re: Pennsylvania Underage Citation

    You would have to tell us the charge you are looking at. What charge is on your citation? For example,
    Quote Quoting 18 Pa.C.S. 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages
    (a) Offense defined.-- A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

    (b) Penalty.-- In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

    (c) Preadjudication disposition.--
    (1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

    (2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
    (d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.
    Quote Quoting 18 Pa.C.S. 6307. Misrepresentation of age to secure liquor or malt or brewed beverages
    (a) Offense defined.-- A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he, being under the age of 21 years, knowingly and falsely represents himself to be 21 years of age or older to any licensed dealer, distributor or other person, for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.

    (b) Minimum penalty.-- In addition to any other penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges) or this title or other statute, a person who is convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for subsequent violations. No court shall have the authority to suspend any sentence as defined in this section.

    (c) Adjudication of delinquency.-- In addition to any other disposition authorized by law, a person adjudicated delinquent under subsection (a) may be ordered to pay a fine not exceeding $500 for an adjudication of delinquency.

    (d) Preadjudication disposition.--
    (1) When a person is charged with violating subsection (a), the court may admit the offender to an adjudication alternative program under 42 Pa.C.S. 1520 (relating to adjudication alternative program) or to any other preadjudication disposition, if the offender has not previously received a preadjudication disposition for violating subsection (a).

    (2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.
    You appear to be looking at a driver's license suspension.
    Quote Quoting 18 Pa.C.S. 6310.4. Restriction of operating privileges
    (a) General rule.--Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court, including a court not of record if it is exercising jurisdiction pursuant to 42 Pa.C.S. 1515(a) (relating to jurisdiction and venue), shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.

    (b) Duration of suspension.-- When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:
    (1) For a first offense, a period of 90 days from the date of suspension.

    (2) For a second offense, a period of one year from the date of suspension.

    (3) For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively.
    Reinstatement of operating privilege shall be governed by 75 Pa.C.S. 1545 (relating to restoration of operating privilege).

    (c) Nondrivers.-- Any person whose record is received by the department under subsection (a) and who does not have a driver's license shall be ineligible to apply for a learner's permit under 75 Pa.C.S. 1505 (relating to learners' permits) and 1507 (relating to application for driver's license or learner's permit by minor) for the time periods specified in subsection (b). If the person is under 16 years of age when he is convicted or adjudicated delinquent or admitted to a preadjudication program, his suspension of operating privileges shall commence upon his 16th birthday for the time periods specified in subsection (b).

    (d) Insurance premiums.-- An insurer shall not increase premiums, impose any surcharge or rate penalty, or make any driver record point assignment for automobile insurance, nor shall an insurer cancel or refuse to renew an automobile insurance policy on account of a suspension under this section.

  3. #3

    Default Re: Pennsylvania Underage Citation

    The citation is for Section 6308, Subsection a

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