Pa Underage drinking license suspension

Asked over 1 year ago - Bloomsburg, PA

I got an underage while at a house drinking and now my license is going to be suspended for 90 days, I'm paying the fine each week and this is my first offense for anything, is there a reason why I could appeal the license suspension I drive all the time(work, YMCA, store, sporting events,etc..) what's my odds of winning the appeal

Attorney answers (3)

  1. Jason S Dunkle

    Contributor Level 12

    4

    Lawyers agree

    Answered . If you are paying a fine, it sounds as if you pleaded guilty to the Underage Drinking charge, which would also explain why your license is being suspended for 90 days. If so, filing a license suspension appeal would not help you at all. An appeal is handled by PennDOT, and PennDOT does NOT plea bargain or negotiate. If you pleaded guilty or were convicted of Underage, the 90 day suspension is mandatory, so you have no chance of winning a license suspension appeal. I have even seen judges apologize to people because they need their license to drive to work, but the judge also informs the person that the judge doesn't have a choice because the suspension is mandatory.

    You can and should consider applying for an Occupation Limited License. Such a license may allow you to drive to/from work, school, and school-related activities. As a first time Underage offender, you are generally eligible AS LONG AS you do not have other disqualifying factors. I discuss the OLL in a little more detail on the FAQ page on my website at the link listed below. The OLL application and related info is found on the PennDOT website at http://www.dmv.state.pa.us/pdotforms/dl_forms/d....

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

    The responses provided on this site are intended for informational purposes only and should not be construed as... more
  2. Robert C. Keller

    Contributor Level 20

    3

    Lawyers agree

    Answered . Since you have already pled guilty, the license suspension is automatic. Taking an appeal of the suspension would be a waste because of the conviction. You should speak to an attorney about filing a late appeal on the underage drinking charge and appealing the license suspension to see if the attorney can successfully overturn the underlying conviction.

  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . My guess is that you don't now have legal counsel nor have you in the past been represented. Did you plead guilty at the magistrate's and if so when? Your answers to those questions will help me and possibly others to provide an answer. Thanks

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