 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re R.D.R.6/1/2005
o contendere absent provision for such plea in Juvenile Act). Accordingly, we vacate the juvenile court's order directing Appellant to pay the "mandatory" minimum fine pursuant to Section 3804(c) of the Motor Vehicle Code.
16 Further, no court has the statutory authority to impose the fine provision only, where the plain language of Section 3804(c) requires imposition of all four enumerated penalties, including mandatory imprisonment. See 75 Pa.C.S.A. § 3804(c). See also M.M., supra. Section 6352(b) of the Juvenile Act expressly prohibits the juvenile court from committing a delinquent child to a penal institution or other facility used primarily for the execution of sentences of adults convicted of a crime. See 42 Pa.C.S.A. § 6352(b). Therefore, the juvenile court's order as it stands essentially violates both Section 3804(c) of the Motor Vehicle Code, and Section 6352(b) of the Juvenile Act. Presumably, the legislature did not intend such a result. See Reaser, supra; Giampa, supra.
17 Under the circumstances of this case, we hold the juvenile court erred when it imposed fines under Section 6352(a)(5) of the Juvenile Act without properly considering Appellant's ability to pay in light of his earning capacity. We further hold the court erred when it applied the mandatory minimum fine under Section 3804(c) of the Motor Vehicle Code to Appellant's juvenile disposition. Accordingly, we vacate and remand the matter for reconsideration of the fines consistent with this opinion.
18 Order vacated. Case remanded for reconsideration of fines. Jurisdiction is relinquished.
Page 1 2 3 4 5 6 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|