I was picked up at a friends house for underage drinking with no license only my permit. And i have not even had that for the last 8 months
Yep. Pursuant to 18 Pa.C.S. section 6310.4 (c), the suspension applies to Non-drivers like you.
Here, it sounds like you were cited with 18 Pa.C.S. section 6308, typically referred to as "underage drinking." If this is your first offense the max fine is $500.00. The max fine for a second or subsequent offense is $1,000.00.
There is also a driver's license suspension for this offense upon conviction or entry into the statutory diversion program called the adjudication alternative program.
The suspension for a first offense is 90 days.
Second offense is 6 months.
Third or subsequent offense is 2 years.
The suspension for a non-driver applies as follows: If convicted or if you do the adjudication alternative program you will be ineligible to apply for a driver's license for 90 days provided that this is your first offense. If you are under 16 years old, the suspension period will begin to run from the date of your 16th birthday.
You should speak to a lawyer that accepts these cases in Lebanon County before you enter a guilty plea and before you go to court. My advice is to plead not guilty. You may have defenses to this case that a lawyer can take advantage of to help you. Some courts may also allow you to participate in a youth offender program that may allow you to avoid (by circumventing the law) any license suspension. A lawyer familiar with the court your case is in can tell you what options are available.
If you are convicted of an underage offense you will be eligible for an expungement (to clear your criminal history) when you reach the age of 21. You know, that is also the legal drinking age! Anyway, this is a special rule because other summary offenses require 5 years to pass from the date of conviction before they are eligible for expungment. I guess our legislatures recognize that young people make poor choices with alcohol. Like you did.
Clearly you made a mistake and that is part of growing up. Everyone makes mistakes. This offense is not the end of the world; but drinking is very dangerous. People die from drinking all the time, especially young people who don't understand the power of alcohol. I sure hope you weren't drinking and driving during this incident. If you did you (and everyone else on the roads) are lucky to be alive. (Do you know that there is a mandatory minimum of 3 years in prison if you kill someone when DUI? Yikes.) I also hope you stop drinking. And, stop breaking the law.
Now, get off my lawn!
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