Monthly, I receive a call from the mother of an upset high school or college student shocked to find that the penalties for a Millersville PA Underage Drinking include a license suspension(Denoted as Purchase, consumption, possession or transportation of liquor or malt or brewed beverages at 18 Pa.C.S.A. 6308 of the Crimes Code).
The story is usually the same: My son or daughter got caught drinking red-handed on the Millersville University campus, received a citation from the Millersville University police in the mail, didn’t bother to consult with an attorney, knew he or she was guilty, so he or she simply signed the guilty line on the underage drinking citation and paid the fine. Lo and behold, a few months later he or she received notice from PennDOT that his or her license was going to be suspended as a result of this guilty plea. What can be done about this now?
Unfortunately, the answer I must give every time I receive this call is “Nothing.” By the time, the notice of license suspension has been received, the appeal period has already run, and, unfortunately, the caller’s son or daughter is stuck with a 3 month, or more (depending on prior underage drinking charges) license suspension.
Do not make this same mistake! Even if, in your opinion, you were “caught red-handed” at a Millersville University party, or dorm room, contact a Millersville, PA underage drinking attorney today. There still may be options.
For example, in a somewhat common scenario, it’s possible the police may have made a mistake by detaining an entire room of potentially underage drinkers at a party without having individualized suspicion for each, and simply started to breathalyze each. The Pennsylvania Supreme Court has made clear that without individualized suspicion for each, the police cannot detain the individual, and any evidence gained after this illegal detention cannot be used against you at your summary underage drinking trial. This evidence may include the results of a breath test; the observation of blood shot eyes, odor of alcohol, etc.; or an admission of consumption.
Even if police did everything correctly and you truly were “caught red-handed”, at times your attorney may be able to negotiate with the arresting officer to have the charge reduced to another charge that may not include a license suspension.
Never blindly plead guilty to an underage drinking charge before consulting with an attorney, and without fully understanding its consequences.