In the majority of states throughout our country, including Pennsylvania, the 18th birthday is a major legal milestone. This is the age when an individual is legally deemed an adult (though some parents might argue otherwise!).

So, what does this mean for all those seniors in high school or freshman in college celebrating their transition into adulthood? For starters, they can now vote, enter into an enforceable contract, and join the armed forces. Sounds great, right? Well, like all things in life, there are both pros and cons.

This post is going to focus on two areas of law in which this firm practices and how turning 18 changes an individual’s outlook and rights legally. This is certainly not intended to be an all-encompassing overview, but instead a starting point of conversations for parents with their children and/or consideration for those of you making the jump into adulthood.

First, we’ll review the impact that your 18th birthday has when it comes to entering into contracts. In most states, a minor (anyone under the age of 18) is deemed incapable of entering into an enforceable contract through a legal doctrine known as incapacity (this doctrine also covers the mentally ill and very intoxicated persons in most states). As a minor, an individual receives blanket protection, the strongest available defense against the formation of a valid contract. That contract is deemed voidable at the discretion of the minor (NOT THE OTHER PARTY), such that the incapacitated party (the minor) could dis-affirm the contract. If they elected to dis-affirm the contract, any obligations they had via said contract would be waived.

NOTE: There is a slight exception here for the otherwise lock-solid protection against contract formation afforded to minors. While generally contracts entered into by individuals under the age of 18 are deemed voidable at the minor’s discretion, minors may still be on the hook financially for what are deemed “necessities”. Necessities are essentially those things you require in order to live: food, clothing, housing. For necessities, the minor may still be required to pay the fair market value of the product, but that’s not necessarily the contract price agreed to originally.

Once a minor crosses the threshold into adulthood, the court system will hold him or her responsible for the promises he or she made when they entered into the contract. As an adult, you will be legally responsible for paying the contract price called for in the agreement, and if you don’t, you can (and likely will) be sued. No longer do you carry the shield of youth, and those obligations you incur via contract will be legally enforceable.

The second area of discussion is the always hot-topic of underage drinking. While you may be deemed an adult in the eyes of the legal system in Pennsylvania, you are still barred from buying, drinking, possessing, or transporting any type of alcoholic beverage (beer, wine, liquor, etc.) until you reach the age of twenty-one (21). It’s an oft-asked question: “Why can I go to war for my country at 18 years old but not have a beer?” This is an easy answer: because the law says so!

Even at the ages of 18, 19, or 20, if you are found buying, drinking, or in possession of alcohol, an officer of the law absolutely has authority to cite you for underage drinking. You’re then looking at fines and potentially jail time. Not only that, you will most likely lose your right to operate a vehicle for 90 days and this transgression will appear on your criminal record.

Parents should also be wary in this arena, as those parents who allow individuals under the age of 21 to drink in their home may be liable both civilly and criminally.

Make no doubt about it, every birthday is a special one, including one’s 18th. But it is important to be aware that the game does indeed change one you’re deemed an adult.

If any of the above legal issues apply to you or your child, the legal team at Howland Hess O’Connell is available to assist you today. A free consultation can be arranged by calling (215)-947-6240. Also feel free to contact us online to schedule a meeting today.


Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

In conversations with friends and family, especially those with teenage or young drivers, a common question comes up: what exactly is the law in Pennsylvania in regards to texting and driving?

Make no mistake about it: Pennsylvania takes texting and driving very seriously as it has become a major epidemic in this state and, indeed, this country. In fact, in Pennsylvania there is a specific Anti-Texting Law codified at 75 Pa.C.S.A. 3316 which reads as follows: “No driver shall operate a motor vehicle on a highway or traffic way in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call.”

An “interactive wireless communication device” is understood to mean a cellphone/smartphone, personal digital assistant, mobile computer or any similar device which can be voice communication, texting, e-mailing, browsing the Internet or instant messaging. It is important to note that this law is not intended to impact the use of GPS systems.

The crime is a summary offense with a penalty of a $50 fine, plus court costs and other fees. A conviction under this statute will not cost the driver points on his record and will not be recorded on the driver record (unless you’re a commercial driver).

IMPACT: The Anti-Texting Law allows law enforcement officers to stop any driver that they observe using a cell phone for “text-based communication.” However, it should be emphasized that this law does not proscribe a driver in Pennsylvania from using a phone or other device to place, receive, or engage in a phone call. What does this mean? That an officer must differentiate between actions that often appear similar, which opens the door for a defense to the officer’s initial stop which should be considered if this initial seizure led to more serious charges (like a DUI).

If you have been charged under the PA Anti-Texting Law, an experienced criminal defense attorney can explain to you your rights and help you prepare the best possible defense. The legal team at Howland Hess O’Connell is available to assist you in handling this matter. A free and confidential consultation is one phone call away at 215-947-6240, or visit us online today.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

Pennsylvania Governor Wolf recently signed into law Senate Bill 166. The new law’s impact will be to expand the sealing of criminal records in Pennsylvania. The goal is to reduce recidivism, relieve the pardon system, and provide ex-offenders greater opportunity to join the workforce.

The new law allows individuals who have served their punishment and remained free of arrest or prosecution for anywhere from seven to ten years for non-violent second or third degree misdemeanors to petition the court for their record to be sealed from public view.

More importantly, it means being convicted of a non-violent second- or third-degree misdemeanor in Pennsylvania need no longer remain with a person for their lifetime. 
Third-degree misdemeanors include certain types of disorderly conduct, loitering and prowling at night, and open lewdness, among other crimes. Second-degree misdemeanors include such crimes as false swearing in official matters, bigamy and impersonating a public servant, among other crimes.

The Impact: This Act allows for the sealing of certain criminal records.  So while law enforcement and state licensing agencies will continue to have access to those records, a person’s past criminal record will no longer be an impediment for employment, housing, education and more. 

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy & O’Connell, LLP are experienced in expungement proceedings and can also assist you in petitioning the court to have your record sealed. If you were previously convicted of a non-violent second- or third-degree felony, like retail theft or disorderly conduct, and wish to speak to an experienced attorney about having this information sealed publicly, contact Howland Hess O'Connell today. 

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

Drugged driving is a misunderstood area of law. Parents particularly should be aware of the law and penalties. If you suspect your child might be using marijuana, it is important you and they recognize the  risks associated long after the effects of the drug have worn off.
In Pennsylvania, a person is guilty of driving under the influence or driving after imbibing (“DUI” and “DAI”, respectively) if said individual:

• Drives with any amount of marijuana in his or her blood;
  OR
• Drives with a metabolite of a marijuana in his or her blood;
  
  

Pennsylvania has a per se drugged driving policy, the focus of this article. What does this mean? Essentially, if the state proves a level of one nanogram per milliliter of
marijuana or its metabolites is in your blood while operating a vehicle (*virtually the lowest measurable amount*), the state needs nothing more to establish you are under the influence. Interestingly, the previous level required to prove per se impairment was five nanograms per milliliter, so the current level is a significant reduction.  The prosecutor need not prove you were impaired, but must only establish a baseline level of the drug was found in your system.

Why is this such a frightening proposition? The THC metabolite can remain in a person’s system for several days after an individual ingests marijuana. Therefore, even though you have long come down from the high associated with marijuana use, you are still technically under its influence under the law. Remember again that Pennsylvania does not require a showing of impairment if your blood levels show the requisite level.

The penalties you may face include a one-year license suspension, jail time, and fines up to $5,000.

​

If you have been charged with an alleged DUI or DAI, an attorney skilled in DUI defense can explain your rights and help you prepare the best possible defense. The legal team at Howland Hess O’Connell is available to assist you in handling this matter. A free and confidential consultation is one phone call away at 215-947-6240, or visit us online today.

​Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connellencourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

In Part One of our Three Part Series regarding License Suspensions, we introduced generally the topic of license suspensions and the most common causes for a suspended license. In Part Two of our Three Part Series, we discussed the issue of License Suspensions resulting from non-attentiveness. In today’s post, we discuss the issue of suspensions resulting from over-attentiveness (usually caused by a moral desire to obey the law and simply make the ticket or fine go away).
​​
Imagine the following, very real scenario: you receive a ticket and, being overly concerned about not being timely in your response, write a check and pay the fine immediately. In doing so, do you realize what you’ve done? You have just plead guilty to whatever violation is the basis of the ticket.



Did you know that many violations lead to additional penalties imposed by Penndot that are not mentioned on the ticket? Many people don’t. In addition, since local courts are not permitted to provide legal advice, many people who are trying to promptly respond to the ticket (to avoid a suspension, and follow the law) frequently find out after paying the fine that Penndot is suspending the license because of the nature of the violation.
​
Be aware that pleading ‘guilty’ or being found ‘guilty’, means being “convicted“. Once convicted, Penndot can impose points and suspensions which can be more costly than the original fines.

The moral of this story and three-part series is simple: be attentive to any tickets you may receive but be cautious before pleading guilty to them. It is critically important to know what all the ramifications are prior to doing so.

NOTICE: If you’re license has been suspended or you’re facing the potential of a license suspension, the attorneys at Howland Hess O’Connell are available today to help you. Michael Cassidy is very experienced with the Motor Vehicle Code, Penndot’s schedule of penalties, and, most importantly the police officers and judicial system that handle these citations. Competent legal advice can save money (in fines, costs, and higher insurance premiums), and quite frequently, the loss of your driver’s license.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.