(DOWNLOAD) "In Re R.D.R." by In the Superior Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: In Re R.D.R.
- Author : In the Superior Court of Pennsylvania
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1 Appellant, R.D.R., a minor, asks us to review the dispositional order entered in the York County Court of Common Pleas, which imposed fines following his adjudication of delinquency. Specifically, Appellant challenges the trial courts imposition of fines under 42 Pa.C.S.A. 6352(a)(5) of the Juvenile Act for the offenses of Fleeing or Attempting to Elude a Police Officer, and Operators Required to Be Licensed, without consideration of Appellants earning capacity. Appellant also challenges the courts imposition of the mandatory minimum fine under 75 Pa.C.S.A. 3804(c) of the Motor Vehicle Code, for the offense of Driving Under Influence of Alcohol or Controlled Substance. 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 Appellants 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 Appellants juvenile disposition. Accordingly, we vacate and remand the matter for reconsideration of the fines consistent with this opinion.
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