What is the name of your state?What is the name of your state? Pennsylvania.
I'm 16 years of age, and I was recently charged with underage drinking. Here's the facts, my questions, and what I was presented with as far as a citation:
1) My brother and I were driving along an unfamiliar road, when he took a turn to fast, resulting in a roll-over.
2) A few Police officers arrived at the scene, although only one was making a report.
3) They breathalized my brother. I was just standing there, and they decided to breathalize me. I was a bit shaken, having been in an accident. I assumed that I blew something higher than .02, as he said I would be getting a citation in the mail. What was the probable cause? That someone else was drinking? Is that reason enough?
4)I NEVER signed anything. I get a citation in the mail, saying my BAC was .73. Ok, so I was standing there talking, so reasonable assumption (captain obvious) can tell anyone that the BAC shown there is bogus. Also, the time of occurance listed is 24 hours before it actually happened, and the date my parents were notified was 20 some hours after that, even though they were there when I was arrested. Kind of inconsistent (based on a technicallity that I am acknowledging may not mean much in my defense).
5. May I again emphasize that I did not sign anything? So I don't know it happened, and I have no idea what the officer is talking about. I was not there at the time he specified on the day that he specified. It was early very early in the morning, before the sunrise, but I cannot prove that I was in bed at that time. Would my parents being witness be enough? Would the whole "I don't know what he's talking about" defense be enough to render the citation invalid?
If the cops are going to prosecute you for something, they should get the information right. If I plead guilty, I would be lying. I was NOT there on the date he specified. Legally (as far as I know), you can't change the citation once it has been written. What effect will the bogus BAC have on anything? If it's wrong, wouldn't you have to throw it out? Keep in mind that's his only evidence.
I just need to know if I have any chance of dropping the citation if I contest it in court. Thanks in advance.