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  1. #1
    JohnnyN Guest

    Underage Drinking Citation with a few "technical errors"

    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.
  2. #2
    You Are Guilty is offline Senior Member
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    You neglected to provide the only pertinent information -- were you drinking before they tested you (recently enough to show)?

    The information on the citation is not grounds for an automatic dismissal, although you can use it as evidence of shoddy police work, thus casting doubt as to the rest of their claims.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  3. #3
    JohnnyN Guest
    Quote Originally Posted by You Are Guilty
    You neglected to provide the only pertinent information -- were you drinking before they tested you (recently enough to show)?

    The information on the citation is not grounds for an automatic dismissal, although you can use it as evidence of shoddy police work, thus casting doubt as to the rest of their claims.
    I had around 6 drinks about 5 hours prior to the incident. Keep in mind that I was not staggering, I was not slurring my words, and I there was basically no probably cause anything. The only proof being a breath analysis, which can be innaccurate in its own merit. The .74 rating is bogus though. That's an obvious fact, as I'm alive to type this. Can he change the BAC to a more practical .074 to make it valid, or does he have to dismiss the evidence? That's what I'm trying to find out.

    Also, he's a new cop. My brother's charges and allegations are rife with spelling errors as well as a few technical errors (incorrect plate number where the registration # should be, charged with over 21 DUI even though he is under the age of 21, as a couple examples).

    IMO he needs to learn to be more aware of what he's citing / reporting, if it means the charges on my brother and I be dropped or not.
  4. #4
    JETX is offline Senior Member
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    "I just need to know if I have any chance of dropping the citation if I contest it in court."
    *** Of course there is. Now, you just need to get your attorney to present your 'defense' and challenge to the charges made.
  5. #5
    JohnnyN Guest
    Quote Originally Posted by JETX
    "I just need to know if I have any chance of dropping the citation if I contest it in court."
    *** Of course there is. Now, you just need to get your attorney to present your 'defense' and challenge to the charges made.
    Many have told me that "clerical errors" are overlooked in the courtroom, more often than not. If that's true, I don't want to waste my money on an attourney.

    BTW, does your BAC affect your fine?
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by JohnnyN
    Many have told me that "clerical errors" are overlooked in the courtroom, more often than not. If that's true, I don't want to waste my money on an attourney.
    That will depend on the specific errors and whether they are material to the charges. Personally, I feel that the wrong date on the BAC tests would be material.

    BTW, does your BAC affect your fine?
    Per the PA Code:
    " 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
    (a) Offense defined.--A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions). For the purposes of this section, it shall not be a defense that the liquor or malt or brewed beverages was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

    (b) Penalty.--In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation."

    " 6310.4. Restriction of operating privileges.
    (a) General rule.--Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program for a violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card), the court, including a court not of record if it is exercising jurisdiction pursuant to 42 Pa.C.S. 1515(a) (relating to jurisdiction and venue), shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.

    (b) Duration of suspension.--When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:
    1. For a first offense, a period of 90 days from the date of suspension.
    2. For a second offense, a period of one year from the date of suspension.
    3. For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively."
  7. #7
    JohnnyN Guest
    "(b) Duration of suspension.--When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:
    1. For a first offense, a period of 90 days from the date of suspension.
    2. For a second offense, a period of one year from the date of suspension.
    3. For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively."


    That seems a bit harsh for underage. I know those who have only gotten 6 months suspension for DUI.
  8. #8
    JETX is offline Senior Member
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    Quote Originally Posted by JohnnyN
    That seems a bit harsh for underage. I know those who have only gotten 6 months suspension for DUI.
    So, contact your state legislature and see if they will change the laws for you.
  9. #9
    JohnnyN Guest
    Quote Originally Posted by JETX
    So, contact your state legislature and see if they will change the laws for you.
    I don't have a sense for sarcasm.
  10. #10
    adesire2Bhappy Guest
    Quote Originally Posted by JohnnyN
    I don't have a sense for sarcasm.

    Then try a sense of HUMAR
  11. #11
    JohnnyN Guest
    Quote Originally Posted by adesire2Bhappy
    Then try a sense of HUMAR
    I don't know if that was meant as an insult or not, so I'll give you the benefit of the doubt.
  12. #12
    adesire2Bhappy Guest
    Quote Originally Posted by JohnnyN
    I don't know if that was meant as an insult or not, so I'll give you the benefit of the doubt.

    OH baby give me anything you want except under age SEX i am not into children......I like mine fully developed
  13. #13
    JohnnyN Guest
    Quote Originally Posted by adesire2Bhappy
    OH baby give me anything you want except under age SEX i am not into children......I like mine fully developed
    I'm 16. What do you want me to do about it?
  14. #14
    adesire2Bhappy Guest
    Quote Originally Posted by JohnnyN
    I'm 16. What do you want me to do about it?

    then act like you are 16 and not 36.....you act as if you know it all inside and out...when it appears your not sure if you are suppose to blow your A$$ or your nose...


    come on give it up i am older and wiser you are never gonna win here....go to BED...good night
  15. #15
    JohnnyN Guest
    Quote Originally Posted by adesire2Bhappy
    then act like you are 16 and not 36.....you act as if you know it all inside and out...when it appears your not sure if you are suppose to blow your A$$ or your nose...


    come on give it up i am older and wiser you are never gonna win here....go to BED...good night
    Win? Is that what I'm trying to do? I'm just downplaying every statement you make. Call me a child if you wish.

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