Legal Question in Criminal Law in Pennsylvania

Under age drinking citation

a member of my family got 2 citations, one for "open container in public" and one for "under age drinking". This could result in the loss of thier driving license. The question is should they plead "guilty" or "not guilty" to these citations. What is the proper way to help them not to lose their driving license. No breath or blood tests were performed. They were not driving, so no DUI (they were walking). Does anyone have any input?


Asked on 4/28/99, 9:02 pm

1 Answer from Attorneys
Patrick Henigan Eckell Sparks

Re: Under age drinking citation

In Pa it is almost impossible to win an underage drinking or open container case if you go to trial. However, if the violator was polite to the police and does not have an extended record of trouble, the court at the district justice hearing may allow him/her to plead guilty to a different offense that does not mandate loss of license e.g. disorderly conduct etc. You should talk to an attorney before you enter your plea. It may cost a couple hundred dollars but it may allow the person to keep his license. Call me if you have any questions 215-636-0200.

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Answered on 5/01/99, 11:09 am


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