Topic: Juvenile Law
Q: My 17-year-old daughter was cited tonight for underage drinking at a house party. The cop said she wasn’t drinking. She will lose her license and be fined. Do we have recourse?
A: I believe the statute (6308) applies to possessing, transporting or consuming. If she did any one of those she can be cited. Many times, officers cite all the kids at a party, even when they don’t have evidence against all of them. If the officer will state the she didn’t drink, possess or transport the alcoholic beverages, he may withdraw the citation. She may have a defense if he does not. Whatever you do, do not have her plead guilty. As you already know, being found guilty of this summary non-traffic offense will result in a driver’s license suspension and will remain on her record for five years before she can expunge it. If she has no defense, there is a program (if offered) for first time underage drinking offenders that will involve the charges being withdraw. (Munhall, PA)
JUVENILE LAW, UNDERAGE DRINKING, 18 PA.CSA. § 6308, DEFENSE