Underage drinking summary offense in PA - how to plead?

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My daughter was stopped outside a residence and police took all their info and sent her a citation for underage drinking. She said she never told them she was drinking. She is 20 and will be 21 in Sept. She left for an internship out of state and will be there for a few months so coming back for hearing would be difficult. I was leaning towards telling her to plead guilty and pay the fine as I read it could be expunged when she was 21 anyway, but wanted to check on that. Also I heard she would lose her license for 90 days and she's out of state does it apply there as well since she needs to drive to work.

Attorney Answers

3
Michael Doyle ·
It should still apply out of state. She may actually need to physically turn her license over, meaning that if she were stopped (in any state) she would not be able to provide a license. I do not see an advantage to pleading guilty without speaking to someone regarding the options, given the fact that there is the collateral consequence of a license suspension. Michael L. Doyle (215) 735-5900
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Forest Dean MorganDUI / DWI AttorneyHershey, PA ·
If this is her first offense, she can obtain and Occupational Limited License (O.L.L.). She will need to file a petition with PennDOT. The petition is called a DL-15. The petition is fairly self-explanatory. Simply google "DL-15"
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teven Fisher FairlieDUI / DWI AttorneyNorth Wales, PAPA licensed ·
You might want to have her fight it as she has nothing to lose by doing so and the hearing can likely be continued until she is back in town. Don't plead to Disorderly Conduct unless avoiding the license suspension outweighs the extra five years you will have to wait for expungement. Steven F. Fairlie, Esq. Fairlie & Lippy, P.C. 1501 Lower State Road, Suite 304 North Wales, PA 19454 voice: (215) 997-1000 fax: (215) 997-1777 [email protected] www.fairlielaw.net
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