PA Underage. Any advice greatly appreciated!

[thevisualiza247]

Hello I am 20 years old, and I was recently involved in an traffic stop incident regarding me and four other inviduals where I recevied a (PA) 6308- underage drinking. The issuing officer said he smelled beer, asked us to get out of the vehicle, and began taking our information. There was no alcohol in the vehicle, We were not given PBT's or any type of sobriety test, was not asked If I was drinking, but two other's were and stated that they have been ( one of which was the driver). I also did not have identification on me at the time and the officer simply wrote my name and adress on a notepad. We were then taken to the station, where I was released and asked to find another ride. About four days after the incident is when I recieved this incident I recieved the 6308 summary to court document in the mail.

I was wondering If this is enough to incriminate me of this crime? Any advise would be greatly appreciated.

 

[FlyingRon]

They probably have all they need to make the charge stick. The good news is that a summary offense isn't really considered a crime. That doesn't mean you might not want to fight it...you should at least consult with an attorney.

 

[DUIAttyPCho]

I guess it's the equivalent of California’s MIP law. You can be charged with a MIP for consuming alcohol in public, possessing alcohol, purchasing alcohol, or even holding on unopened container. The charge in here is: California Business & Professional Code Section 25658 (e1). It's a violation of a city ordinance, and is a misdemeanor.

The Code reads: It is illegal for any person under the age of 21 to drink or possess alcohol. A violation of this law will result in the following penalties:

First Offense: A fine of $250, and 24 to 32 hours of community service that does not interfere with attending school or working at your place of employment.

A second or subsequent offense for violating this law will result in:
a fine not to exceed $500, and 36 to 48 hours of community service that does not interfere with attending school or working at your place of employment.

A conviction will also result in a one-year driver’s license suspension by the California Department of Motor Vehicles (DMV). If you are convicted, you will have a misdemeanor on your record. You will also get 24 months of informal probation.

But, on a first offense, in Los Angeles County, and California in general, they will let you earn a dismissal by paying a fine of $250, 24 to 32 hours of community service, and AA. They give you what's called a dispo. You come back in 3 to 6 months, show proof you did everything, and the Court will dismiss your case. They hold the case in Court, and hold it over your head to get you to do what the Court wants, and then they get your case dismissed if you comply.

If you fail to comply, or it's a second offense, you will go down for a misdemeanor, and your driver's license will be suspended for a year.
Also, you will not be able to receive Financial Aid. So, yeah, penalties for MIP in California are no joke! Best to get an attorney! Even for a case that doesn't seem serious. It can still have severe consequences!

 

[quincy]

It is important to note, thevisualiza247, that the California laws provided above may have no resemblance whatsoever to the laws in Pennsylvania. The laws of each state vary, often in significant ways.

You will be best served by seeking out an attorney in your Pennsylvania area who is well-versed in Pennsylvania alcohol-related offenses and can guide you accordingly.

Good luck.

 

[Captian Picard]

If you did not say you were drinking and they have no test evidence then the only source of evidence against you would be your buddies. You don't say they implicated you. So I think, based on the above, you can win the case.

 

[quincy]

Okay, after a brief review of Pennsylvania alcohol laws, it appears that under Pa's §6308 you face, for a first offense, a fine up to $500, up to 90 days in jail, and there is a 90 day mandatory* driver's license suspension.

This mandatory 90 day license suspension may not be as mandatory as it says, if you get an attorney looking at your case before Penn Dot learns of your offense. An attorney can potentially get the suspension reduced.

Even if no alcohol was consumed by you, you can still be charged under §6308 if you or any of your friends were in possession of alcohol, transported alcohol or purchased alcohol.

That said, if there was no alcohol found in the vehicle and the only thing that links you to alcohol is your friends telling the officer they had been drinking, and if they did not implicate you, a good attorney may be able to get this dismissed. The key word is may. I tend to agree with Captian Picard.

Also, if I have inadvertantly posted here any misinformation, I hope someone will correct me.

 

[DUIAttyPCho]

Quincy is right. CA and PA law is going to be different. Just wanted to post CA law as a comparison. Also posted it for those in same boat but in CA. Sorry for confusion!

 

[FlyingRon]

I posted the information in my initial reply with respect to the PA law. It's a summary offense. As pointed out, the biggest implication for most people is the loss of driver's license.