Legal Question in Criminal Law in Pennsylvania
DUI / probation / 1st offense DUI classes
I'm a college student at the University of Pittsburgh in Pennsylvania. I was given probation for a 1st offense Operating Under the Influence charge in Massachusetts (original residency) and sanctioned to take 1st offense classes. Probation in Massachusetts said I could take the PA equivalent classes while I'm in school here. I have since been convicted of an Underage (consumption of alcohol by a minor) in Pennsylvania. I do not turn 21 until January 2008. In order to take the classes in PA, they require that the case be transfered from MA to PA, or at least give them all information about the case. I am trying to find out if it's in my best interest to avoid doing so, in order to try to avoid violating probation on account of the underage violation. Whether this means finding a way to take the classes in MA, or trying to take the classes in PA without transferring the case, I'm hoping to find out what my best option is. (Also, any guesses on how bad it would be if probation in MA found out about the Underage in PA.) Thanks.
1 Answer from Attorneys
Re: DUI / probation / 1st offense DUI classes
Pitt students are hardly ever actually convicted of underage drinking. Did you have a lawyer? Were you actually convicted, or did the judge require you to go to AA meetings etc.? If you were convicted of underage, is it within 30 days of the conviction date? We can appeal your underage conviction so that you do not have to worry about what MA may do. Additionally, there are many other ways Allegheny County resolves underage drinking violations that can save a conviction and/or license suspension. Remember the penalty for underage drinking gets worse & worse, so if you can avoid a conviction, you should take your shot.
Concerning your need to take DUI classes in PA for your MA DUI should be easy. The case should not need to be transferred. You should only need the case number and the sentencing order so that the people running the DUI class in PA know what the requirements of MA are.
Please give me a call or email if you have additional questions or go to crosby sughrue com or acslawfirm com. Good Luck.
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