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underage case but no breath, subriety, or blood test taken.

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buckeyes72

Junior Member
pennslyvania


ok so i was in a vehicle with a 17 year old who had maybe 2 beers at the most along with two 18 year olds who were pretty boozed up themselves. i am 19 and had a few myself. we were at a stop and a vehicle slid into us from behind and of course the police just happened to be down the road and saw the entire thing. they come over to check on us and tell the 17 y.o. driver he smelled a little like alcohol. they took him away to the hospital and did blood tests. the police came back to us and asked have u guys been drinking too? we answered yes.we left in the patrol car and went to the station where our parents picked us up. my main question is could i possibly take this to get appealed because they never gave me any feild, breath , or blood test.
 


pennslyvania


ok so i was in a vehicle with a 17 year old who had maybe 2 beers at the most along with two 18 year olds who were pretty boozed up themselves. i am 19 and had a few myself. we were at a stop and a vehicle slid into us from behind and of course the police just happened to be down the road and saw the entire thing. they come over to check on us and tell the 17 y.o. driver he smelled a little like alcohol. they took him away to the hospital and did blood tests. the police came back to us and asked have u guys been drinking too? we answered yes.we left in the patrol car and went to the station where our parents picked us up. my main question is could i possibly take this to get appealed because they never gave me any feild, breath , or blood test.
Not required, you admitted guilt at the scene.
 
I am 100% positive you are not going to be able to appeal your forthcoming conviction because you were not given a sobriety test, FBT, or forced to give blood after confessing to have been drinking. The question was not whether or not you were drunk, it was whether or not you had illegally consumed alcohol. Sorry, but you have to take responsibility for your actions on this one.
 

buckeyes72

Junior Member
i have another question, what will the punishment be, and any ways of me being able to get it " sponged " from my record considering the fact that i am 19 and i have never been in trouble before?
 
There is no telling what the future may hold for you. Post the statute that you were charged with and someone may be able to provide you with the maximum penalty you may receive. You should not start worrying about having your record expunged until after you have been sentenced.

For future reference, a criminal record can have a very serious negative impact upon your life. It can hurt your reputation, lessen your earnings capacity, keep you from obtaining licenses or certifications in certain professions (for example, lawyer or teacher) or keep you from being employed at all. To the extent that you can, if you have such a record, you should have it expunged as soon as possible.

In Pennsylvania, to get adult criminal records expunged, the individual must file a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the expungement request should be granted.

With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

1. Arrest records that show no disposition took place after 18 months and the court of the proper jurisdiction certifies that no action is pending.

2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition) program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.

In determining if the request for expungement should be granted, the court will take into consideration many factors. These include damage to the individual’s reputation, his livelihood and future earnings capacity, the nature and gravity of the offense, the individual’s prior criminal history and the state’s interest in preserving the record to protect the public.

It is in your best interest to do two things.
1. Get a lawyer
2. Stop drinking until you are 21
 

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