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Any PA lawyers on the board ?

  • Kid got an underage drinking citation last night. Just wondering if it's worth getting a lawyer or if we should just pay the citation. 16 years old and first offense of any kind. I know the penalties....up to $300 fine and a 90 day drivers license suspension. I'm wondering if it's worth getting a lawyer to try to get it reduced to a disorderly conduct with no loss of license (realistic chances of that happening). Maybe get an ARD, even though the license will still be suspended for 90 days. Or is it just a waste of time and money and they typically don't reduce it.

    Any insight would be appreciated. Thanks.

    dsnider2

  • dsnider2 said...

    Kid got an underage drinking citation last night. Just wondering if it's worth getting a lawyer or if we should just pay the citation. 16 years old and first offense of any kind. I know the penalties....up to $300 fine and a 90 day drivers license suspension. I'm wondering if it's worth getting a lawyer to try to get it reduced to a disorderly conduct with no loss of license (realistic chances of that happening). Maybe get an ARD, even though the license will still be suspended for 90 days. Or is it just a waste of time and money and they typically don't reduce it.

    Any insight would be appreciated. Thanks.

    I'm not a PA lawyer or a parent for that matter, but if your kid is 16 and drinking and dumb enough to get caught, I'd suggest using this opportunity to teach him a lesson. At the very least, regardless of what happens, you should convert that "we" to a "he."

    terps99

  • What I would personally try to do -- lay the smackdown on him, tell him he's going to have to pay the $300 or any other fine himself, and then tell him that he's going to have to do a bunch of other stuff for getting a citation at 16. Then go talk to the cops/judge and tell them that your son is a moron, that you've already put the fear of God into him, that he will do his best to shape up, and he will voluntarily do 25 hours of community service or something to make up for it...and that's a far better result for all concerned than him having this on his record.

    Judges/cops appreciate strong parenting and unless they're assholes, no one is going to want to ruin a good kid's record, especially when the parents are committed and involved like you are. Just tell them something that lets them think that you are willing to make your son take responsibility (and that therefore they don't need to do so).

    This post was edited by terps99 on 12/24/2011 at 3:38 PM

    terps99

  • terps99 said...

    I'm not a PA lawyer or a parent for that matter, but if your kid is 16 and drinking and dumb enough to get caught, I'd suggest using this opportunity to teach him a lesson. At the very least, regardless of what happens, you should convert that "we" to a "he."

    Lesson will be tought, kid is already grounded. But if I can minimize the legal impact, it showing on her record and the suspension of the license, I think that's being a good parent, too.

    Any constructive advice would definitely be appreciated.

    This post was edited by dsnider2 on 12/24/2011 at 3:48 PM

    dsnider2

  • dsnider2 said...

    Lesson will be tought, kid is already grounded. But if I can minimize the legal impact, it showing on her record and the suspension of the license, I think that's being a good parent, too.

    Any constructive advice would definitely be appreciated.

    Definitely agreed. Hence my suggestion on some self-imposed penalties (not just the grounding, but stuff like she'll be doing community service at _____ or whatever) always helps. Also, not sure why I assumed it was a boy, not a girl. That changes things, I think. People are way more lenient on girls when it comes to that stuff.

    Don't know the facts, but I'd be surprised/disappointed if those charges aren't dismissed on court costs or something. There are enough actual delinquents for the system to deal with, and enough kids without parents who are involved and providing discipline, for the system to waste its time with underage drinking citations.

    terps99

  • I guess you were never a junior in high school and never drank while you were that age :-) She wasn't driving, had one beer, got busted at a party, but in PA that's enough to F you. Believe me, she's in plenty of trouble at home with me. Somehow I don't think me trying to smooth talk the cop/judge is going to do it. I'm wondering if there is a chance of the charge being reduced if I hire a lawyer or if it's basically a waste.

    This post was edited by dsnider2 on 12/24/2011 at 3:58 PM

    dsnider2

  • I like how everyone was just assuming the 16 year old was a boy.

    eamhokie94: Is your name Nazi in pig Latin?

    azitnay

  • 1. I was a junior and drank, but never got caught. (There but for the grace of God, I suppose.) It's not the underage drinking I had some instinctive scorn for ... as much as putting yourself in a position where you end up getting cited.
    2. What kind of asshole cop gives a citation in that situation?
    3. It wasn't "everyone" assuming the 16 year old was a boy; just me. And that's because I assume a cop got pissed at a bunch of guys doing something dumb. Didn't even cross my mind it was a girl getting cited. Which brings me back to point #2.

    terps99

  • I'd try to fight it...there are certain career paths you can't go down if you have an underage on your record (teacher, etc.). With the right judge, you may be able to talk it down to a disorderly.

    zwterp08

  • zwterp08 said...

    I'd try to fight it...there are certain career paths you can't go down if you have an underage on your record (teacher, etc.). With the right judge, you may be able to talk it down to a disorderly.

    That's what I don't really get. What happened to the good old days when the cops would just call your parents to come whip your ass? No, for a first offense they now give a teenager a criminal record that could potentially effect them much later in life. I can understand her having to pay a fine and do community service, but a criminal record and license suspension for this?? That just seems beyond harsh to me. The kid wasn't driving, wasn't causing any trouble, and has never been in trouble before. She had to do a PBT and blew a freaking .02, it's not like she was even intoxicated. If she was behind the wheel I could understand the license suspension and/or a DUI.

    Anyway, this is only a summary offense, not a misdemeanor, but come on. And that's not to minimize that what she did was wrong, I just think the penalty is beyond ridiculous.

    dsnider2

  • terps99 said...

    1. I was a junior and drank, but never got caught. (There but for the grace of God, I suppose.) It's not the underage drinking I had some instinctive scorn for ... as much as putting yourself in a position where you end up getting cited. 2. What kind of asshole cop gives a citation in that situation? 3. It wasn't "everyone" assuming the 16 year old was a boy; just me. And that's because I assume a cop got pissed at a bunch of guys doing something dumb. Didn't even cross my mind it was a girl getting cited. Which brings me back to point #2.

    I love that he asked for legal advice and you, who happen to be in that field (I assume from things you've said before) and who are not a parent decided to dispense parenting advice instead. I agree with what you're saying in general, but c'mon man.

    kcashmoney

  • dsnider2 said...

    That's what I don't really get. What happened to the good old days when the cops would just call your parents to come whip your ass?

    They probably got tired of the parents: 1) telling them to just send the kid home, or 2) threatening to sue the cop for 'harassing' their kid.

    SATerp

  • SATerp said...

    They probably got tired of the parents: 1) telling them to just send the kid home, or 2) threatening to sue the cop for 'harassing' their kid.

    Yeah, right. No parents that I know would react that way. I'd say 95 percent are going to yoke their kid up. Anyway, it is what it is. Just want to know from someone in the legal profession in PA what the best course of action is.

    dsnider2

  • kcashmoney said...

    I love that he asked for legal advice and you, who happen to be in that field (I assume from things you've said before) and who are not a parent decided to dispense parenting advice instead. I agree with what you're saying in general, but c'mon man.

    Sometimes it's more effective to have a parent than to have a lawyer.

    MisterSmiley

  • MisterSmiley said...

    Sometimes it's more effective to have a parent than to have a lawyer.

    Sometimes it's more polite to answer the question asked that you have experience with instead of spiraling off into territory you don't know anything about and trying to offer unnecessary advice. Just noting the disconnect there. But since dsnider seems doesn't seem to be bothered, this is pointless so I'm gonna pull my dog out of this fight.

    \/\/\/ and there it is

    This post was edited by kcashmoney on 12/24/2011 at 6:55 PM

    kcashmoney

  • MisterSmiley said...

    Sometimes it's more effective to have a parent than to have a lawyer.

    Kiss my ass. You don't know a damn thing about me or what I do as a parent, so you can take you're holier than though schtick and shove it till it tickles your tonsils. I know my kid messed up and I will dole out the consequences. I didn't come on here for some freaking moron to give me their two cents in something that doesn't concern them in the least. I should have known better than to come on this board asking for a little advice with some of the assholes that are on here.

    dsnider2

  • dsnider2 said...

    Kiss my ass. You don't know a damn thing about me or what I do as a parent, so you can take you're holier than though schtick and shove it till it tickles your tonsils. I know my kid messed up and I will dole out the consequences. I didn't come on here for some freaking moron to give me their two cents in something that doesn't concern them in the least. I should have known better than to come on this board asking for a little advice with some of the assholes that are on here.

    I think he's just trolling tonight for some reason if it makes you feel any better.

    kcashmoney

  • dsnider is softball guy right?

    So I respond "Tell you what, I'll read Dreams of My Father if you read MEIN KAMPF"

    MadMax901

  • kcashmoney said...

    I think he's just trolling tonight for some reason if it makes you feel any better.

    Yeah, well for his sake I hope none of his kids ever mess up or get caught so he doesn't feel how much of a kick to the gut it is. This is a relatively minor offense legally but it still has me sick to my stomach. I'm doing what I need to do as a parent as far as her punishment, and trust me, it is not mild. I also feel like I'm doing what I have to do as a parent to protect her as much as possible from the legal system.

    I guess MisterSmiley's idea of being a good parent would be throwing her to the wolves and doing nothing to protect her legally. That's the kind of Dad I'd love to have.

    dsnider2

  • MadMax901 said...

    dsnider is softball guy right?

    Wow, that's bringing back some old school stuff, but yes I am :-) My daughter is also a really good softball player, BTW. She's playing on a college showcase team to get recruited, they play up and down the east coast. Another reason I'd like to keep this off her record if I can.

    dsnider2

  • I think you are misunderstanding my post, so I will just apologize. I am drunk and trolling but that wasn't my intent with my post.

    MisterSmiley

  • Apology accepted. If I misunderstood your post I apologize also.

    dsnider2

  • I read Smileys post as saying that in this situation Terp99's advice was appropriate to the situation even if it wasn't what you might call legal advice. Don't think he was knocking dsnider at all.

    AstrMikeDexter

  • Yeah, that's pretty much what I was trying to say but, sobriety escapes me now so it became harder to explain.

    MisterSmiley

  • wtf, you are worried about her not being able to drive for 6 months? except to a part time job if he has one, no reason a 16 year old needs to drive anywhere for the next year. teach her a lesson you miserable excuse for a parent.

    This post was edited by RDurr on 12/24/2011 at 8:39 PM

    RDurr