Out of state UAD in PA

[UnluckilyCaught]

"What is the name of your state?"
I go to school in NY, but was in PA at the time.

I'm 19 - I was on a trip for a tournament to Dickinson College in Pennsylvania (I go to school in New York state) when the party I was at was busted by the town police. I told the cop I had three beers, but that had been incredibly casually over like 6 hours (obviously a stupid thing to tell them, I realized afterward) and when I was breathalyzed I blew a .021. Unfortunate, since the limit for underage drinking is .02, apparently. In any event I received a citation in the mail for $418, or $118 plus a drinking course.

I've been told that it might be worth my while to take it to court, because the fine could be reduced. This would involve a hefty 6 hour drive back to PA, and I'm also wondering how that should operate, do I plead not guilty? Is there any way I can plead not guilty and tell my story, basically that I had barely been drinking and I had been at the party for 15 minutes and unluckily got caught and am a good kid who almost never drinks, with a clean record. Is there any way they would erase it altogether? Should I get a lawyer/tell my parents? What's the best course of action? I'm also curious if, in the future if this were to happen again, it would be best to refuse a breathalyzer? Also, the cops were very aggressive, threatened jail, and did not offer any insight into our situation or alternatives nor did they inform us that the breathalyzer was optional in any way. I'm not sure what the law is on the issue, any advice would be really appreciated; if you need more info please ask. Thanks so much.

[BigMistakeFl]

You have two key pieces of evidence against you: Your admission to the cops when asked if you'd consumed, and your BAC. A not guilty plea would seem a long stretch, given the above. You can always talk to a lawyer, first consultation is usually free. If he thinks he can truly get it reduced, ask specifics such as what the defense would be based upon. Get details, keeping in mind that he likely collects his fee up front despite the outcome of the case.

However, if it were me, I'd find a way to pay the fine and move on. Being good, kind, good student, helping elderly ladies across the street, etc just doesn't make much difference. As for what to do next time, the only sound advice is that you shouldn't drink at all because you are a minor. If you choose to do so, this is what you risk again, only worse in the second offense. Refusing the breath test can result in drawing blood instead.

[Curt581]

You are under the legal drinking age. Well under.

You admitted drinking beer.

You most likely exhibited other signs of being under the influence.

You tested positive for alcohol consumption.

If you decide to dispute the citation, I suggest NOT using terms like "incredibly casually" and "almost never drink". It would also be bad to use "three beers" and "barely drinking" in the same sentence.

As an aside, you can choose to refuse a test if you wish, but you still would have been cited. The test is in no way required to prove you'd been drinking, and non-cooperation might result in your being required to bail out of Jail.

Sounds to me like it's pretty Open-and Shut, despite your attempts to minimize it.

Best bet? Go to court on the initial appearance date, and ask the prosecutor for a reduction and alcohol classes. You might learn something that'll keep you out of trouble later in life.

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