Drinking Citation Luzerne county, need a lawyer

[fingers80002]

Originally Posted by bigbear

Title 18 Section 6308 is not just the consumption of alcoholic beverages, but the POSSESSION of alcoholic beverages. In the instant case, the OP states that he was at a party where alcohol was being served while underage. Is that possession? IDK, because I'm not a lawyer, or a MDJ. It's a roll of the dice if he fights it.

My own personal opinion is, just for the license issue alone, I'd call for a hearing and ask the officer to allow me to plead to Disorderly Conduct. It's a fine, but no license suspension.

Why plead to anything, he wasn't doing anything.

[son of the revolution]

Originally Posted by fingers80002

Why plead to anything, he wasn't doing anything.

Not only that , but will potentially pleading to DC(especially for underage consumption ) jam him up later under the "character " clause for the issuance or revocation of an LTCF ??!?

[exceltoexcel]

he didn't break the law unless he had it on him! if he didn't fight it and if you lose appeal it and win.

[Shawn.L]

Pennsylvania Discuss Pennsylvania-Specific politics and organize communication with state representatives here.

am i the only one wondering what this has to do with PA politics or firearms

[customloaded]

Got to step up here and say something. Yup, the law was poorly written and constructed by our state legislature. I know of at least one state that allows minors to consume alcohol while under the direct supervision of their parents or legal guardians.

As far as getting jammed up for just being there and not consuming, touching, or in anyway shape form or fashion possessing, life kinda sucks huh?
Many a man have been convicted for being present during the commission of a crime while not being an active participant but not exactly making haste to leave the illegal scene or report said illegal activity. Being in a house with drugs comes to mind, a car with other people and one or a few decide to rob, steal, or burglarize and poor innocent Johnny consents by not leaving the group, car, running away, or reporting said conspiracy or actual crimes taking place but merely stays with the group. Having full knowledge but passively consenting to criminal acts taking place does not relieve any citizen of liability of arrest, prosecution, and conviction.

I would not plead guilty to any offense, especially a Disorderly Conduct Citation as it might not mean a whole lot in PA but in some states they are considered very serious misdemeanor offenses. Anyone is subject to moving for whatever reason and having a disorderly conduct conviction is not something I would want on my record.

I would rather have an underage drinking citation as just about anyone can understand being caught underage drinking. The DJ can, if he so chooses, suspend the license suspension portion of the penatly so you don't loose your operators license.

If in fact you are a legal adult but under the age of 21, this has been a very important life lesson for you in that you now know that guilty by association is a true concept. Good luck to you!!!

[giantdad]

Custom loaded, My son's disorderly was a summary offence not a misdemenor. But you are right Guilty by association is an important life lesson.

[CarolinaGuy]

I'd get a lawyer and fight it.

As a youth, I was quite a little hellion, and I still fought everything I was charged with...and was victorious well over 50% of the time.

The general pattern I saw was this:
Pay 300$ fine and get a record,
or pay lawyer same 300$ to walk.

Moneywise, it's a wash but recordwise it's a win.

YMMV

[fingers80002]

Originally Posted by Shawn.L

am i the only one wondering what this has to do with PA politics or firearms

This law is fucked up!

[mickey01023]

There getting you on possession...i've been down this road I think 4 times. Plead not guilty every time and got out of it every time. Basiclly you show up and hope the cop doesn't show...don't let the judge give you any bullshit that the charges stand if the cop doesn't show but don't be a dick. If you look respectful and act the same way I would bet that you'll get what I allways got. Just tell him that you weren't drinking that you stopped by to pick someone up or some story or the truth if thats your posion. More than likely he will suspend your sentence and dismiss the charges as long as you go to an 8 hour long DATS (drug alcohol treatment service) session on a saturday. The judge will ask the cop if you were drunk (not like he'll remember) and if you were being a dick when you got arrested, as long as you weren't you should be fine. Or you could file for a change of venue and get the court date moved to a court house thats further away where the cop won't show, rescheduling the court date near the date is a good chance to trip the cop up and he won't bother to show for an underage...he'd rather sit at the cop house or do something else on his day off than go out of his way for an hour to appear in court...if your under 18 all that shit gets sealed any way. I've had a bunch of underages and I did one the hardway didn't go to DATS because I didn't want to spend 40 bucks to sit in a room having some ex drunk tell me don't ever drink and I had no problem getting a fire arm or a carry permit.....but the balls in your court, take it easy your not being tried for a capital case, if you do decided to waste money on a lawyer get one thats in the court house alot doing stuff so he can tell the judge hey hes a good kid wrong place wrong time

[tes151]

Originally Posted by Shawn.L

am i the only one wondering what this has to do with PA politics or firearms

Apparently. 10 Characters....