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Jason S Dunkle
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Jason Dunkle’s Answers

172 total


  • Does expunging an underage after turning 21 and completing required license suspension cost any money?

    Turning 21 soon. Wondering what exactly I have to do to get underage expunged. Thanks

    Jason’s Answer

    You have to file an expungement petition with the Prothonotary or Clerk of Courts in the county in which the charge was filed. You will need to comply with the rules regarding the expungement petition, which require you to attach a PA State Police background search report. That report costs $10.00. You will also need to pay the filing fee charged by the court. You can have both the criminal and driving records expunged if you have turned 21 and have successfully served the sentence, which means that you must have served the license suspension and restored your PA driving privileges. I would recommend that you contact an attorney that handles expungement in Cambria County to take care of this issue. If the expungement petition is not completed correctly, it may be denied outright. If you fail to list all the appropriate government agencies or departments in the expungement petition, then you will not actually get the record expunged completely. I would recommend Joel Peppetti based out of Altoona.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622
    jd@mystatecollegelawyer.com

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  • I was cited for underage drinking, whats my best bet for proving myself innocent?

    I was stopped by police for urinating in a bush, and lied about my age. The police stated that I had alcohol on my breath and that my eyes were bloodshot. The police did not administer a breathalyzer test but still gave me a citation for underag...

    Jason’s Answer

    The police do not need to administer a breath test, blood test, or field sobriety tests to have evidence that you had consumed alcohol and were underage. Even if a breath test were administered, if an appropriate objection was made, such evidence is not admissible at Underage Drinking hearings. In order to have sufficient evidence, the officer would present circumstantial evidence of intoxication. In your case, the odor of alcohol, bloodshot eyes, and admission to having consumed alcohol as collective evidence would probably be sufficient to have a judge find you guilty. If you want more information about Underage Drinking, I recommend that you check out the link below.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801

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  • How many years after 2nd DUI must pass to be able to get ARD

    I had 2nd DUI 24 years ago, also had minor traffic accident on this charge

    Jason’s Answer

    I believe that the current policy in Centre County is that the DA does not approve ARD for a 2nd DUI if the prior was within the past 20 years, so I believe that the DA would consider your application for admission into the program. With regard to being in an accident, that factor is not good but generally does not preclude ARD placement. I had a client placed just last week that was involved in an one-car accident that was placed on ARD. Generally, an accident would result in an outright denial if people were injured. Over the years, I have had clients involved in accidents involving other cars, and those clients were approved for ARD. If you have been crime-free, or relatively crime-free for the past 24 years since your last DUI, I believe that based upon the limited facts that you have presented that you have a decent likelihood of being approved to participate in ARD.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622
    jd@mystatecollegelawyer.com

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  • I am getting my 2nd underage drinking citation. Will i get my license suspened?

    I was found quilty for my first underage drinking citation a few months ago and my license was suspened for 3 months. If i am found quilty this time, am i guaranteed to lose my license for a year? Can the suspension be reduced?

    Jason’s Answer

    If you are convicted of the Underage Drinking, the judge is required to complete and send a DL-21 form to PennDOT. PennDOT will then suspend your license for 1 year. You are not eligible to receive an Occupational Limited License (OLL) for a 2nd offense. The suspension cannot be reduced IF you are convicted because PennDOT does not negotiate on suspensions. The only way to avoid the suspension is to avoid the conviction of the Underage charge. You should contact an experienced Pittsburgh attorney to see if you may be able to fight the case or work out an agreement that requires you to plead guilty to some other charge to avoid the suspension.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801

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  • What is the best way to go about a public drunkenness and underage citation in court?

    Are there options for me to get one of them thrown out? Can I do community service?

    Jason’s Answer

    The best way to resolve criminal charges is to talk to an attorney that has experience in handling State College Underage Drinking and Public Drunkenness citations. There are 3 judges and numerous police departments that could be involved, and the different judges and different police departments have different rules as to what is permitted with regard to agreed upon resolutions. Simply stated, you need to talk to a lawyer that knows the players involved and has a proven track record of successfully resolving cases at Penn State.

    Jason S. Dunkle, Esq.
    JD Law, P.C.
    jd@mystatecollegelawyer.com
    www.mystatecollegelawyer.com

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  • I am a college student and a first time offender being charged and am applying for ARD. Should I fill it out myself or a lawyer

    I am being charged with small possession if marajuana, possession of paraphernalia, and unlawful possession of a controlled substance. My formal arraignment if June 11th. How should I go about this process?

    Jason’s Answer

    I highly recommend that you retain a lawyer. In this county, misdemeanor drug possession charges like those you have referenced are filed via a summons, and the Police Criminal Complaint is mailed to you along with a Notice of Preliminary Hearing. You normally would not be aware of the Formal Arraignment date until you appeared in court at the preliminary hearing. The DA in Centre County mandates that any applying for ARD must submit an ARD application on or before the date of your preliminary hearing. If you do not follow the DA's rules completely, your ARD application is likely to be rejected. I highly recommend that you retain an attorney ASAP to make sure that everything is done properly and timely.

    Jason S. Dunkle, Esquire

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  • Penn State Underage Drinking Citation, should I plead guilty or not?

    I just received a citation for underage drinking, the police asked me a couple of questions and then I was sent to the hospital where I had blood tests done. I do not care much about the fine and can hire a lawyer, but I cannot have a record ...

    Jason’s Answer

    Follow Attorney Cooper's advice and enter a not guilty plea. The judge will normally schedule a hearing to take place in approximately 1 month. There are 3 judges that handles cases in State College and the various areas on Penn State Campus. The different judges have different first time offender programs. Also, different police departments handle different areas of campus and State College. Some departments are easier to deal with, and some officers are easier to deal with than others. In some cases like this, we are able to have the charge dismissed and avoid the license suspension. In others, we are simply able to have the charge dismissed. If the charge is dismissed now, you can then have it expunged from the criminal records now. Under the Pennsylvania expungement law, non-conviction data can be expunged.

    Jason S. Dunkle, Esquire
    State College, PA
    (814) 954-7622
    jd@mystatecollegelawyer.com

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  • Cancellation of ARD court

    When some people apply for ARD programs, the judge somehow cancels them. What does it mean?

    Jason’s Answer

    In Centre County, we only have ARD at the Court of Common Pleas level, and the district attorney determines which ARD applicants are approved. Many people mistakenly believe that a judge makes the ARD decision, but it is the DA. If the DA rejects an ARD application, that decision is generally unchangeable unless it is made based upon ethnic, racial, gender, or other inappropriate factors. Judge do NOT make the decisions on ARD, The DA does.

    Jason S. Dunkle, Esquire
    State College, PA

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  • I received a non-traffic citation for public drunkenness. Will I go to jail for this?

    I am 21, and an officer saw me throw up after I had a few drinks. I was visibly upset because I never do anything wrong and it would be my luck that this would happen. How do I handle this? Is this a serious offense? Will this be a red flag to...

    Jason’s Answer

    In some of these cases, the officer and judge are willing to enter into an agreement in which you are required to pay court costs and possibly clean up costs if the vomiting occurred within a building, and you are required to complete community service in exchange for a dismissal of the charge. A dismissed charge remains on your record, so your attorney then files an expungement petition with a higher jurisdiction court to have the records of the incident destroyed. I just worked out such an agreement yesterday with a State College police officer in a case involving both Public Drunkenness and Underage Drinking charges.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA

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  • Public Urination Charge = indecent exposure?

    If you are urinating in public by unzipping your pants, and peeing outside with your genitals exposed, would it be considered indecent exposure? I know that the Pennsylvania Statute considers exposure of genitals in public as indecent exposure, di...

    Jason’s Answer

    Indecent exposure under 18 Pa.C.S.A. 3127 requires proof that the person exposed his genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm. Whether or not a person is charged with this offense would depend upon the facts and circumstances. Most people that engage in public urination find a semi-private place to urinate so that no one sees the genitals, so a charge of indecent exposure is not appropriate. If a person decided to urinate off a front porch that faced a sidewalk along College Avenue, then a person is likely to see the genitals and is likely to be offended, affronted, or alarmed. Before the public urination ordinance violation was passed, most State College urination cases were filed as Disorderly Conduct violations under 18 Pa.C.S.A. 5503(a)(4), which prohibits a person from recklessly creating a risk of a physically offensive condition.

    Jason S. Dunkle, Esquire
    JD Law, P.C.

    See question