Legal Question in DUI Law in Pennsylvania
Underage Drinking Citation
I received an underage at a concert tailgate in Pittsburgh- we weren't there for more than 5 minutes when a cop asked me how old I was because I had a beer in my hand. I had just opened it- didn't drink yet. The cops told me more than once they weren't supposed to tell me this but I should plead not guilty- basically telling me I guess that there's a good chance I can get out of the charge. I know friends who've received citations in Pittsburgh and have all gotten out of them and got disorderly conducts, took classes, and visited jail or the morgue. Just wondering what I should say at my hearing to hopefully get the underage thrown out and get a lesser charge. Also, what is the approximate fine for a disorderly conduct? The cops told me for an underage it's around $380, is this right? Also wondering how long an underage and disorderly conduct stay on your record and if there's any way to get them off.
1 Answer from Attorneys
Re: Underage Drinking Citation
It sounds like the police never took upon themselves to verify your age. This could come into play at a hearing since the Commonwealth has the burden of proof (they must prove how old you were at the time). In reality, explain your situation to the cop, get a disorderly under 5503 and a ask for a $50 fine (range between $25-$300).