Under the Pennsylvania Vehicle Code, 75 Pa.C.S. 3809, Restrictions on alcoholic beverages, it is a summary offense to have an open container of alcohol in a motor vehicle. Summary offenses, by their definition are not considered a "crime" in Pennsylvania. So, I would not expect a lone open container violation to prevent you from entering the ARD program. Remember however, that the ARD program is administered by the District Attorney's Office of the county where you are charged. Thus, the...
Persons convicted of a crime may have records expunged in the following cases:
(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
(2) An individual who is the subject of the information has been dead for three years.
(3)A person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase,...
Probably not. Since the child is still considered a minor at 17y/o, the parents are responsible to provide proper parental care and control necessary to promote the health, safety and welfare of the child.
1. Summary offenses in PA are not considered crimes, but violations. Misdemeanors on the other hand are crimes. Summary offenses generally, but not always, on subject you to a nominal fine. A misdemeanor disorderly conduct subjects you to a possible maximum term of incarceration of one year and/or a fine of $2500.
2. Its a good practice for police to always advise you of your Miranda rights, but it really only comes into play if you make a statement to the police.
3. The Magisterial...
Sounds like it is worth a shot to me Lou.
A Probationary License (PL) is a Class C (Non-commercial) Limited Driver’s License issued only once to an individual whose Pennsylvania driving privilege has been suspended or revoked for five or more years. This license authorizes driving a non-commercial vehicle between 6 a.m. and 7 p.m. PennDOT will consider additional hours upon request. A PL cannot be used to drive a commercial vehicle, motorcycle or moped.
To qualify for a PL, you must have...
Most likely the police will not be willing to charge your friend. If that is the case, you can still go to the District Magistrate Judge's Office and fill out what is call a Private Police Complaint. This will then be sent to the District Attorney for review and he/she will decide whether to bring charges.
Even if your ARD record is expunged the District Attorney keeps a record of people who were placed on ARD. This will count as a second offense for sentencing purposes. There is a mandatory minimum of 5 days of incarceration for a second offense highest rate of alcohol.
First, your nephew doesn't have to prove he is innocent. Under the U.S. And PA Constitutions he is presumed innocent unless and until he is proven guilty beyond a reasonable doubt by the Commonwealth after a trial by a jury of his peers. If he has an alibi defense, he should let his attorney know as soon as possible so that he can provide the District Attorney's office with the required notice of this affirmative defense.