Underage Drinking Charge

My question involves a driver's license issued by the State of: Pennsylvania. My daughter is at college in Virginia. She will be 22 this July. During the year she was 20, she was approached by an undercover police officer from a neighboring town as she stood on campus at a tailgaiting party at one of the school's many football games. She was with a group of kids who were consuming some alcohol and she was holding an empty cup and had not put it down. She was charged with underage drinking and no one else from the group was charged, even though they had stronger drinks in their cups and were obviously drinking. She looks much younger than she is, which is why I think she was approached. She went through the college's routine to punish this type of offender and completed their classes. But she was also charged by the court by this neighboring town. She was given the opportunity to take several classes in that town and pay a fine, after appealing her charge.

Just before the classes were to begin, she found out she needed to go home for the spring semester because of, unfortunately, an academic suspension. She was given, over the phone, a postponement of the classes. She returned to college in the fall and started her weekly drive to the classes, which were about 25 min. away in the evenings. If you are late to the class, they will not let you in. She was told to stay in the parking lot and come to a later class one or two times, since she was ten minutes late. Once, since she had an exam the next day, she chose to drive back to school to study. She ended up missing two classes and was therefore told she had to start all the classes over again. She tried doing that, but this problem happened again and when she missed another, she was told she was not permitted to take the classes at all anymore. She came home for winter break and, while still at home, was told by a roommate that a sherriff had come to her apartment door. When she returned two weeks later, she received a notice that her drivers license had been suspended and she would need to pay 500.00.

After a phone call to the court house, we learned that she could ask for a re-hearing. She appeared at the time permitted to request a re-hearing and went before the judge, ready to explain her situation, and the judge would not hear a thing she had to explain, and denied a re-hearing. Her drivers license is now suspended in Virginia until August.

MY QUESTION: does this mean it is also suspended in PA? Her charge had nothing to do with driving and she was not driving or even a passenger at the time. She has a perfectly clean driving record. Will this be on her record? Is this something she has to divulge when applying for a job? Will this affect her auto insurance? Is this typical to use a driver's license as a punishment for an offense that has nothing to do with driving? She has never had any problem with alcohol since and was not even considered intoxicated at the time.

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does this mean it is also suspended in PA?

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Not technically. If she holds a valid Pennsylvania license she is not suspended until she is notified by PENNDOT of the suspension. She may not be permitted to renew her license because of the suspension in VA but it should not automatically suspend her license here.

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Her charge had nothing to do with driving and she was not driving or even a passenger at the time. She has a perfectly clean driving record. Will this be on her record?

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Yes and No. Her VA driving record will likely hold the violation for some time. I do not know VA enough to say how long or to what extent.

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Is this something she has to divulge when applying for a job?

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For the next few months if her license is suspended it might be something they care to hear about. After that probably only in the most extreme background checks.

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Will this affect her auto insurance?

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It could depending on her company.

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Is this typical to use a driver's license as a punishment for an offense that has nothing to do with driving?

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YES! Is it typical to take away TV privileges when a child talks back or comes home late? Same basic principal, privileges are removed as a form of punishment and driving is considered a privilege.

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She has never had any problem with alcohol since and was not even considered intoxicated at the time.

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Good, she learned a valuable lesson at a time when valuable lessons are costing you a pretty penny. This lesson just happens to be in life rather than trig or gym :)

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MY QUESTION: does this mean it is also suspended in PA?

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Yes.

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Her charge had nothing to do with driving and she was not driving or even a passenger at the time.

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In many states, any alcohol related conviction will be met with a mandatory license suspension. It's meant to teach underage drinkers that, "no, really, the legal age to consume really is 21, and yes, that means you, too".

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Will this be on her record?

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Yup.

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Is this something she has to divulge when applying for a job?

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Depends. Most employers only ask after felony charges, but if she is asked about ANY convictions, she'll have to disclose.

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Will this affect her auto insurance?

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It could, but whether it will or not is up to her insurance company.

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Is this typical to use a driver's license as a punishment for an offense that has nothing to do with driving?

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It is not at all uncommon for drug and alcohol convictions to carry license suspensions - even if your car is several states away.

Thank for your responses. Just wondering about her request for a re-hearing. When a person is permitted to go before the judge and request a re-hearing, wouldn't they be able to present their request before being told the answer is "No" This judge did not give her a chance to explain the classes missed or anything.

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When a person is permitted to go before the judge and request a re-hearing, wouldn't they be able to present their request before being told the answer is "No"

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In theory.

In practice, this is often not the case. The judge looks at the facts pertaining to the case (which he already has in front of him), and decides based on those. If he doesn't want to hear "explanations", he doesn't have to.

For vindedia, Her license was suspended until August 1. How else does this affect her driver's license? Is it still good for the photo ID, I hope? Thanks.

Also, pertaining to her record. Is this something worth getting expunged after a length of time? Would employers' background checks show what a minor infraction it was, compared to something more severe? Or does she fall under the same code description on the background check as anyone else with a drinking-related charge?

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Quoting whathhenow3

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For vindedia, Her license was suspended until August 1. How else does this affect her driver's license? Is it still good for the photo ID, I hope? Thanks.

Also, pertaining to her record. Is this something worth getting expunged after a length of time? Would employers' background checks show what a minor infraction it was, compared to something more severe? Or does she fall under the same code description on the background check as anyone else with a drinking-related charge?

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Her PA license was suspended? If that is the case she MUST turn that license in to PennDOT. Do not keep the license for ID. Go to PennDOT and get a non driver ID ($12).

If she was suspended for 3 months from PennDOT then credit toward serving that time will not start until PennDOT gets that license. She needs to turn in every product she might have. If there were duplicates, camera cards, motorcycle permits, or addendum they all need to be turned in.

I highly suggest she turns the license in via certified mail and request a return receipt. Then look in the mail for a note from PennDOT that they got the license. Check with PennDOT after you sent it to make sure her credit has started.

"Re: from Outraged Parent Re: 20 Year Old Child W/Underage Drinking Charge

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does this mean it is also suspended in PA?

Not technically. If she holds a valid Pennsylvania license she is not suspended until she is notified by PENNDOT of the suspension. She may not be permitted to renew her license because of the suspension in VA but it should not automatically suspend her license here."

In the above posting you seem to suggest that she is not suspended in PA until she receives something from PENDOT. Her PA license was suspended by way of a letter sent to her address in Virginia, where she attends college, by a Virginia court. What I read that you say now is that she should immediately send in her license to PENDOT, even though she has not heard any pronouncement from PENDOT that her license is suspended here in PA. I am confused. If you could help to further clarify, I would appreciate. Thanks!

PA and VA are different.

If you did not get a notice from PennDOT (Pennsylvania Department of Transportation) then her license is not suspended in Pennsylvania.

Have her call PennDOT's call center @ 1-800-932-4600 to find out if she is suspended, pending suspension, or valid. f they say she is suspended then follow the advice for sending her license to PennDOT.

If she is not suspended (valid) then make sure that PennDOT has the correct address for her and keep an eye out for any letters that might come in the mail. You should be notified by mail of any license suspension. VA can NOT suspend her PA license, only PennDOT can cause her PA license to be suspended.

I don't know what VA might want her to do about her suspension. You might want to ask someone in VA how to make sure that suspension goes smoothly.

Vince

We have received nothing from PENDOT but glad to hear there is a way to find out from them. Thank you very much for your help!

One more question for Vince: We called PENDOT and she is not suspended in PA and it's been two weeks since the suspension notice in Virginia. Does that mean she does not have to turn her PA license in to the Virginia DMV? The notice she received gives dates of suspension in Virginia for beginning and ending. While it mentions turning in the license on the next page (hardly noticeable, as it's so embedded in the text) , it does not say that it has to be turned in for the dates it gives to take effect. Since she is leaving Virginia in two months, could she hold onto it and use the state issued ID she has for proof of age reasons? We would like her to be able to use her PA license when she returns to PA from school in May, so she can drive to work.

I can't not say exactly what VA is expecting. Usually another state can not request a PA license to be surrendered, BUT I don't know VA policy or law.

In Pennsylvania if the roles were reversed, PA would expect an acknowledgment of her suspension. She would have to complete a form to start the clock on that suspension. VA may have the same type of rules, your best bet is to check with someone in VA to see if they can steer you in the right direction.

As far as PennDOT is concerned she is not suspended, so she is permitted to drive in PA. You need to stay on top of this because two weeks is not long enough to say she is out of the woods. The notice can come any time in the future, and if it does come she can't drive in any state.