I have been handling Underage Drinking, Minors in Possession of Liquor, and Fake ID charges in the Southeastern Pennsylvania area for almost twenty years. When a minor is convicted of an underage drinking charge, it not only results in a record that young adults have to report on job and school applications, but it also results in a loss of their driving privileges in the State of Pennsylvania. Upon conviction, the Pennsylvania Department of Transportation will mail the young person a notice indicating that their privileges will be suspended as follows:
First Offense - 90 days
Second Offense - 1 year
Third and subsequent offenses - 2 years
Once the notice is received, the driver has thirty (30) days from the date of the mail date of the notice to appeal the suspension. The drivers should contact a lawyer so that the appeal can be filed properly.
NEVER PLEAD GUILTY
When you get your yellow ticket from the police, or the green sheet if the incident occurred in Philadelphia, DO NOT SEND IN A GUILTY PLEA. When the young man or woman receives their ticket they should contact their lawyer immediately. Many minors, and their parents, believe that underage drinking is an open and shut case. This is a misconception and results in many unnecessary convictions. There are strong defenses based on faulty portable breath testing, insufficient testimony regarding appearance of drunkenness, unlawfully obtained statements by police from minors, probable cause to detain a minor, as well as others I utilize in my practice. I have spent years defeating underage drinking charges based on the above defenses and the law in this area is evolving all the time, providing minor's more rights than at anytime before. When a minor and/ or their parents retain me to represent them in court, I will enter my appearance with the appropriate District Court, and we will get a date to appear for a "summary trial" at that Court. Very often I am able to appear and speak with the officer, thus resulting in a charge dismissal or reduction that does not result in any sort of criminal record. When a trial occurs the police officer testifies and I procure evidence to bolster the minors' defense. The minor is permitted to testify and often encouraged. If the minor is found guilty, I will file an appeal of the conviction on their behalf to the Court of Common Pleas of Chester, Delaware, Montgomery or Bucks County. At that appeal hearing, the client will be able to have a second hearing and a second chance to have the charges reduced or dismissed by the District Attorney's Office.
DIVERSIONARY PROGRAMS
Some jurisdictions offer a "pre-trial adjudication program" which provides an opportunity for the minor to perform community service in exchange for a dismissal or downgrade of the charges. Every jurisdiction has their own different type, or "hybrid" program. Minors and their parents should be mindful that the completion of some of these programs, while resulting in a dismissal of the criminal case, will still result in a loss of driving privileges in Pennsylvania. This is always true in Philadelphia County. Some programs in Chester, Delaware, Montgomery, and Bucks will result in suspension also. The client must always be aware of what type of program they are entering.
SPECIAL CASES IN PHILADELPHIA
In Philadelphia, minors are given tickets and asked to appear at an arraignment date at the Criminal Justice Center for the purpose of pleading guilty, not guilty, or to sign up for the city pre-trial adjudication program. If a minor enters this program, their license WILL be suspended. I often counsel these clients to plead not guilty and to proceed to a summary trial in the Community Court on Arch Street. The vast majority of my clients that take this route are acquitted, either due to the failure of the Commonwealth to present their case properly, through my assertion of a successful defense, or quite simply because the police offer fails to show up. While this option is not for everyone, the majority of my Philadelphia clients elect to go this route.
BE INFORMED
Before doing anything after being charged, feel free to contact me for a free initial consultation as to your rights in this area of the law. You may consult with me either in person or by phone or both. I will be more than happy to assess your case and give you my initial thoughts on what your next step should be.
My Norristown law office focuses on underage drinking in all 5 counties of the Philadelphia metro area. Contact a Pennsylvania underage drinking law attorney.
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Minor in Possession Attorney
