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Underage citation - court advice

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Leland KB

Junior Member
I am a 19 year old student living with my parents in Pennsylvania attending community college. Last night I was at a large bon-fire party which was busted by police. Most of the people, including myself, were drinking. I was given a breathylizer test and I tested a BAC of .03. The police officers wrote down my information and I was informed that they will be issuing out citations by mail. I know that the legal limit for underage drinkers is .02 and I could get my driver's license suspended for up to one year.

MY car is very important to me. Without driving, I will not be able to go to work, attend college, or run important family errands like picking up my younger sibling from school. Are there any suggestions for what my defense should be? Would it be possible to get this dismissed after convincing the Judge that I am a good kid? I would have no problem with doing community service, it's just my license is what I'm worried about. I ABSOLUTELY NEED my license. Not having it would completely take me off of the path that I need to be taking.

I have had only one previous run-in with the law. It was a retail theft that waslater withdrawn by a Judge in preliminary court. I am currently in the process of getting that expunged. I have a court date for that in a month. Will this underage citation dramatically affect my expungement case, too?


I was not driving or intending on driving that night.
 
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Indiana Filer

Senior Member
In my experience, getting the second offense is going to really complicate getting the first offense expunged, although it sounds like you were never adjudicated for the first offense. That might help in getting the first arrest removed from your record.

You are incorrect in that the legal limit for underage drinkers is 0.02. It's 0.00. 0.02 is the threshold that is prima facia for DUI for an underage drinker who is driving.

What exactly were you charged with? Give the legal citation that they charged you with.
 

Leland KB

Junior Member
Thanks for replying

Actually I have not been issued with a citation yet. I was told that they would mail it to me, but I don't know when. It seemed as if the entire police force of the township was there, so I know they aren't taking this lightly. It was a large party. There had to have been at least 18 officers there as well as firetrucks and police dogs.
 

Ohiogal

Queen Bee
Any advice on what my defense should be with the citation?
You don't have one. You were drinking. You are underage. if you didn't want to be without your license, you should not have been drinking underage. You have no excuse. You have no defense.
 

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