Underage Drinking (.07) and Criminal Trespassing

[UncommonSoap]

What is the name of your state? Pennsylvania.

3 Days ago I was arrested on charges of underage drinking and criminal trespassing. I was hanging out with friends, had a couple brews, and we went out to find something to do. After driving around for a while, we pulled over onto a seemingly public road, and parked at the end (to save gas until we knew what we were doing for the night). A cop pulled up, told us it was private property and proceded to search the car. Nothing was found. I was in the backseat when we had pulled in, and had no idea the road (which was rather large and normal) was private. I was drinking some orange juice standing there when the cops decided to breathalize me because drinking orange juice and chewing gum is apparently suspicious. I blew a .07. I was not given public drunkeness because I wasnt really drunk at all but my citation claims that if I plead guilty my licence will be suspended (BAD). Im just not really sure as to what I should plead, and what I should do. This is my first offense and I have had considerably difficult conditions at home, and Im wondering if they will give me a break or if there is anything I can do to lessen the penalty. I am 18 and I must make my plea on wednesday before going away for 10 days. Please help!

 

[UncommonSoap]

Anyone reading this have a response or some advice?

 

[The Occultist]

Legally speaking, having a poor home life is NOT a valid defense to commit any crime whatsoever.

If you have a clean record, perhaps they would allow you some sort of deferred prosecution.

Also, when asking questions about a crime you committed, it is in poor form to try to play victim.

 

[UncommonSoap]

at least you gave me some sweet advice, thanks.

 

[UncommonSoap]

I should just plead guilty for drinking and not guilty for trespassing then?

 

[The Occultist]

If it really was private property, and that's where the officer found you, then trying to plead not guilty for trespassing is going to make you look really stupid. No offense!

Perhaps you should consult with a local attorney. Attorneys know what the courts want to hear, and would be the most ideal in trying to negotiate a lesser plea.

 

[UncommonSoap]

I was thinking I would plea not guilty because the road was not clearly posted private and also I wasn't driving the car that turned there. Would they not care that I wasn't in control of the car?

 

[Ohiogal]

I was thinking I would plea not guilty because the road was not clearly posted private and also I wasn't driving the car that turned there. Would they not care that I wasn't in control of the car?

You were in control of yourself however and were there on private property without permission. Correct? And why do you say you were not drunk? Because you were not over the per se limit? Well for underage the per se limit is 0.02 normally if not lower. You are guilty all the way around.

 

[CdwJava]

Are you under 18 as well as being under 21? If you are under 18, you will likely be required to appear with your parents - are they going to pony up for an attorney?

In the end, you can plead whatever you want. However, whether the elements of trespassing have been met according to PA law is a question for the courts as is the underage consumption. If it is against the law for you to have consumed any alcohol when under 21, and the officer either tested you, smelled it, or had your admission, then that's a loser for you. An attorney might be able to negotiate diversion for you, but without one you will likely have to rely on the good will of the prosecutor to offer up such a deal.

- Carl

 

[UncommonSoap]

Im 18. I think Im going to just plead guilty to the underage drinking and not guilty to the trespassing. I honestly just want to get it over with.

 

[outonbail]

Im 18. I think Im going to just plead guilty to the underage drinking and not guilty to the trespassing. I honestly just want to get it over with.

Pleading guilty isn't going to just get it over with, it is going to just get it started!

 

[UncommonSoap]

good news

So I went down and asked if I could make any deals and what they said was I can do some community service and the charges will be dropped and erased from my record. I also will only have to pay 140 dollars instead of a potential 600. And I get to keep my license. Woot

EDIT: Also would like to thank CdwJava for giving me advice without sting, thanks a lot.