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underage drinking

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psumom

Junior Member
What is the name of your state? PA
Hi, my son, 19, a student athlete was leaving a party with 1.5 beers in him. He made the mistake when leaving, of peeing in a bush (remote area), and out pops two undercover cops. They had him take a breathalyzer and the result was .01. He is obviously devastated, having never been in any trouble before. His coach is not happy. I am not happy either. He will be taking a 15 hour course to "wipe his record", in addition to whatever fines are incurred. My question is regarding the clean record. Will this incident totally disapear?

Apparently PSU has gotten a State Grant, and are trying out a very aggressive approach for 17 months to try to curb alcohol abuse.
 


rmet4nzkx

Senior Member
psumom said:
What is the name of your state? PA
Hi, my son, 19, a student athlete was leaving a party with 1.5 beers in him. He made the mistake when leaving, of peeing in a bush (remote area), and out pops two undercover cops. They had him take a breathalyzer and the result was .01. He is obviously devastated, having never been in any trouble before. His coach is not happy. I am not happy either. He will be taking a 15 hour course to "wipe his record", in addition to whatever fines are incurred. My question is regarding the clean record. Will this incident totally disapear?

Apparently PSU has gotten a State Grant, and are trying out a very aggressive approach for 17 months to try to curb alcohol abuse.
Here is a link to similar story
https://forum.freeadvice.com/showthread.php?t=189634&highlight=DARK+BUSHES
sound familar?
 

psumom

Junior Member
Yes, that sounds remotely familiar. My son was alone when he left, not loud, and not stumbling drunk like the other guy may have been. He didnt say. He also wasnt cited for peeing in the bush, but for underage drinking with the .01 BAC. It still doesnt answer my question though. Will the 15 hour course completely wipe this?
 

rmet4nzkx

Senior Member
If he is a minor there are usually ways to seal or expunge the record, it varies from jurisdiction as to how it is done. Better to get it out of his system early.
Here is a link to the state info it may be different if he is just charged on campus.
Privacy in Juvenile Delinquency Proceedings in Pennsylvania
... crimes by law enforcement officials of Pennsylvania, other jurisdictions ... If a minor is not adjudicated delinquent, the ... The court will expunge the records if it ... www.jlc.org/home/mediacenter/factsheets/FAQPRV.html
 

cbg

I'm a Northern Girl
And you might point out to him that if he hadn't been drinking illegally, there wouldn't be anything to wipe out.
 

rmet4nzkx

Senior Member
cbg said:
And you might point out to him that if he hadn't been drinking illegally, there wouldn't be anything to wipe out.
and when will they learn that it runs through the system so fast because it doesn't have to stop to change colors! ;)
 

psumom

Junior Member
No he isnt a minor. He is 19. Suffice it to say, my son has already received all of the appropriate lectures. From Coach, from parents.. he already realizes that had he not drank a beer and a half, illegally, he wouldnt be in this situation. Actually, it was the peeing in the bush as he left, that got him in it. You guys sure are rough. I'm sure none of you drank a beer while underage and in college. Yes he is guilty. And for that .01 BAC, he will pay dearly. He isnt whining about a cop shining a flashlight on his privates.. although he did tell me this was the most embarressing thing that ever happened to him, and he didnt go into further detail, so maybe they did humiliate him a bit. He's a good kid and will get through this just fine. I simply was questioning the drinking class that he will attend, and how that will help him. Im sure I will find out soon enough.
 

rmet4nzkx

Senior Member
One reason for the link to the other thread is to show you how common such behavior is, which is why he was caught, they were waiting it is so predictable and how we seem so harsh, but it is true, beer flows through very fast and maybe they forget the rules they learn as a child about going to the bathroom before going out, at lest he wasn't driving.
 

Bravo8

Member
Just a point of order....

He is a MINOR, but not a JUVENILE. In matters such as this, a "minor" is defined as under 21 and a "juvenile" is under the age of 18.

Anyway, a summary citation for underage drinking will not show on his criminal record, as summary offenses are not entered into NCIC or CLEAN (Commonwealth Law Enforcement Assistance Network) for the purposes of criminal histories.

However, if he pleads guilty or is found guilty of the offense, it will result in a suspension of his driver's license. His driving record will not specifically reflect the conviction for underage drinking, but it will show a suspension due to an underage drinking conviction.

As for this class he is supposed to attend, I haven't heard anything similar to that before, so I don't know what effect that will have on this matter. Is this a class offered by the District Justice prior to passing judgement on the case? If so, then the Judge may dismiss the citation upon satisfactory completion of the course.
 

psumom

Junior Member
my answer

Thanks for all the replys. I think I found my answer: Fromhttp://www.collegian.psu.edu/archive/2004/04/04-15-04tdc/04-15-04dnews-12.asp

People who have been cited for underage drinking for the first time can enter YOP. Under this program, a person who has been cited must agree to attend 15 hours of classroom instruction. In State College, the Community Help Center provides this instruction. The cost of the program is $175.

People entering YOP do not have to pay the $225 fine for underage drinking, but they do have to pay court costs of about $100. Those enrolled in YOP also face the same license suspension penalties as those who plead guilty.

When a person enters YOP, the charges against him or her are dismissed. A record of the citation is kept on file in the district justice's office for seven years, and it is then cleared. Those who plead not guilty to an underage drinking citation have a hearing before a district justice.
 
M

MDMombo

Guest
I never knew that drinking only 1.5 beers would be enough to get you a citation.............
 

cbg

I'm a Northern Girl
And as a matter of fact, I never did drink a beer when I was in college. Or anything else, for that matter.

Believe it or not, I NEVER took a drink till I was of legal age. It can be done. Just because "everyone else does it" doesn't mean there should be no consequences.
 

CdwJava

Senior Member
MDMombo said:
I never knew that drinking only 1.5 beers would be enough to get you a citation.............
Well, when you return those 1.5 beers to nature, you stand a chance of getting caught.

Carl
 

You Are Guilty

Senior Member
CdwJava said:
Well, when you return those 1.5 beers to nature, you stand a chance of getting caught.

Carl
Bingo. If all they had was a .01, he could have argued he just swigged some Listerine or some other alchol-containing OTC medication. However, none of those (that I know of) cause a need to personally water the bushes, so there goes that argument :eek:
 

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