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public drunkeness

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Junior Member
What is the name of your state (only U.S. law)? pa.
My son is a juvenile and received a citation for public drunkeness.
The crimes code reads as 6308 (a).
Is this considered the same as underage drinking,even though they have it checked off as public drunkeness?
Should he plead not guilty?
PLease help!
 


What is the name of your state (only U.S. law)? pa.
My son is a juvenile and received a citation for public drunkeness.
The crimes code reads as 6308 (a).
Is this considered the same as underage drinking,even though they have it checked off as public drunkeness?
Should he plead not guilty?
PLease help!
He was busted for underage drinking. Here's the statute:

18 Pa.C.S. § 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages

(a) Offense defined.-- A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

(b) Penalty.-- In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

(c) Preadjudication disposition.--

(1) When a person is charged with violating subsection (a), the magisterial district judge may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. § 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).

(2) The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

(d) Notification.--The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.
He can plead not guilty, but you have not given enough information to know if he can mount a reasonable defense. However, Pennsylvania does have a diversion program where he could be offered community service in lieu of a fine and if he completes it successfully then the charges will be dismissed:

§ 1520. Adjudication alternative program.
(a) General rule.--Except for cases charging offenses under
Titles 75 (relating to vehicles) and 34 (relating to game), the magisterial district judge may, upon hearing the facts of a
case, admit to an appropriate adjudication alternative
authorized by this section persons charged with summary
offenses. The defendant shall not be required to plead guilty to
be accepted by the district justice into the program. Acceptance
of participation in an alternative authorized by this section
shall be considered a first conviction for the purpose of
computing whether a subsequent conviction of an offense shall be
considered a second or subsequent conviction.
(b) Public service programs and other adjudication
alternatives.--A magisterial district judge may, in lieu of
making a disposition, place an offender in an appropriate
program in which a public service or charitable agency or
organization or political subdivision agrees to assume
supervisory responsibility for the offender. The program in
general shall be approved by the court of common pleas having
supervision over that magisterial district. This program may
include work, counseling, public service, job training,
education or other appropriate community service or self-
improvement. The placement authorized by the magisterial
district judge shall be appropriate to the offense charged and
in the best interests of the community and the offender. The
conditions of the program may include the imposition of costs
and restitution, the imposition of a reasonable charge relating
to the expense of administering the program and any other
conditions agreed to by the offender.
(c) Completion of program.--The magisterial district judge
shall provide written notice to the public service or charitable
agency or organization or political subdivision of the placement
of the offender. Upon notification, the public service or
charitable agency or organization or political subdivision
shall, as a condition to agreeing to accept responsibility for
supervision of the offender, make periodic reports on the
fulfillment of the conditions and a final report upon the
completion of the appropriate adjudication alternative as
required by the supervising magisterial district judge. The
magisterial district judge shall dismiss the charges and shall
relieve the offender of the obligation to pay any fine or serve
any sentence of imprisonment upon the successful completion of
the program.
(d) Refusal to accept or complete program.--If the offender
refuses to accept the conditions required by the magisterial
district judge or fails to complete the program without good
cause or violates any condition of the program without good
cause, the magisterial district judge shall proceed on the
charges as provided by law.
(e) Immunity.--A magisterial district judge and any public
service or charitable agency or organization or political
subdivision supervising or administering a public service
program under this section shall be immune from any civil action
for damages brought by a person admitted to this program.
Nothing in this section shall be construed to limit or otherwise
affect or preclude liability resulting from gross negligence or
intentional misconduct. Reckless, willful or wanton misconduct
constitutes gross negligence.
(f) Definition.--As used in this section, the term
"magisterial district judge" includes a judge of the Pittsburgh
Magistrates Court.
(July 1, 1987, P.L.180, No.21, eff. imd.; Nov. 30, 2004,
P.L.1618, No.207, eff. 60 days)

2004 Amendment. See sections 28 and 29 of Act 207 in the
appendix to this title for special provisions relating to
applicability and construction of law.
Prior Provisions. Former section 1520, which related to
community public service programs, was added September 27, 1985,
P.L.238, No.60, and repealed December 11, 1986, P.L.1521,
No.165, effective immediately.
Suspension by Court Rule. Section 1520 was suspended by
Pennsylvania Rule of Criminal Procedure No. 1101(3), adopted
March 1, 2000, insofar as it is inconsistent with Rules 300,
301, 302 and 310 through 320 relating to Accelerated
Rehabilitative Disposition.
Cross References. Section 1520 is referred to in sections
6305, 6306.1, 6307, 6308, 6310.3 of Title 18 (Crimes and
Offenses); section 925 of Title 34 (Game).
 

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