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  1. #1
    Join Date
    May 2008
    Posts
    4

    Unhappy Underage Drinking Charged Twice At Same Date In PA, Was Actual Drunk In Public And U

    Hi. Here is my history:

    -I have never had a license in any state.

    -I was charged with 4 underage drinking citations in college during college crackdowns in PA. The license will be suspended until 2012.

    The problem:

    -I had been pulled over three times in total. The first time, according to my records from the district court, I was charged with 1. Underage Drinking and 2. Public Drunkenness.

    -In the most recent License Restoration Requirements letter, it states that I have 2 Underage Drinking charges, for the same date, instead of the aforementioned charges.

    -Because they counted 2 charges for the same date, it produced the following results:
    1st Underage Drinking -- 90 days suspension
    2nd Underage Drinking (same date as above) - 1 yr suspension
    3rd Underage Drinking -- 2 yrs suspension
    4th Underage Drinking -- 2 yrs suspension
    =5 years, 90 days total suspension

    -However, shouldn't the charges be more like this?
    1st Underage Drinking -- 90 days suspension
    1st Public Drunkenness -- fine only
    2nd Underage Drinking -- 1 yr suspension
    3rd Underage Drinking -- 2 yr suspension
    =3 years, 90 days total suspension

    I have all of the records including copies of the police reports. Do I have a case? How do I get them to correct this?

  2. #2
    Join Date
    Dec 2007
    Location
    Pennsylvania
    Posts
    301

    Default Re: Underage Drinking Charged Twice At Same Date In PA, Was Actual Drunk In Public An

    Sadly in PennDOT's eyes public drunkenness under 21 equals underage alcohol offense.

    So they are correct in giving you the 2 violations for 1 year and 90 days if that is how it was reported to them. There is a slim possibility that you could fight it because it should be considered a single criminal episode, where PennDOT would then be required to treat it as one violation for civil penalty purposes.

    BUT!

    There is hope, you can speak to someone to help you try to appeal one of those old violations depending on where they occurred. It would be easier and probably less expensive then trying to fight PennDOT on this. Again, you will want to speak with someone from your area that knows how to do this.

    Good Luck!

    Vince

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