Underage Drinking Charge in Pennsylvania

[mbrown3391]

What is the name of your state (only U.S. law)? Pennsylvania

Over a week ago, on a friday night, a noise complaint was called in on my apartment. My roommate and I had only 3 people over and we were not being particularly loud. The officer, who was incredibly rude, banged on the door with her flashlight and informed us that the "party is over" despite the fact that we were only watching tv. I stepped out side to talk to the officer, along with the other tenant, who is 21. The officer looked through the window and said she saw beer cans on the floor, and said we better all be 21. I am 20. We gave her our ID's and she wrote down our information, said that we were being issued a noise ordinance warning, and then left. She did not mention underage drinking, nor did she breathalyze me or say she smelled anything on my breath. Now today, i looked at the local paper and to my surprise there is an article which mentions that i was cited for underage drinking! Can they really convict me of this without any evidence?

 

[Isis1]

What is the name of your state (only U.S. law)? Pennsylvania

Over a week ago, on a friday night, a noise complaint was called in on my apartment. My roommate and I had only 3 people over and we were not being particularly loud. The officer, who was incredibly rude, banged on the door with her flashlight and informed us that the "party is over" despite the fact that we were only watching tv. I stepped out side to talk to the officer, along with the other tenant, who is 21. The officer looked through the window and said she saw beer cans on the floor, and said we better all be 21. I am 20. We gave her our ID's and she wrote down our information, said that we were being issued a noise ordinance warning, and then left. She did not mention underage drinking, nor did she breathalyze me or say she smelled anything on my breath. Now today, i looked at the local paper and to my surprise there is an article which mentions that i was cited for underage drinking! Can they really convict me of this without any evidence?

hold on while i chuckle for a minute.....


did you receive a citation for underage drinking? from the officer?

unless you receive a citation in the mail, you were not convicted or even charged with underage drinking.

if it will ease your mind, i highly suggest you call the court to see if any charges have been pressed. i doubt it, but it never hurts to look.

stop drinking. you have another year or less to fuddle up your liver.

 

[mbrown3391]

she did not personally issue one to me, however i have been told that they can mail them. She did not even inform me that this would be happening however.

 

[stealth2]

She didn't have to inform you. And I have no doubt she could smell the beer on your breath.

 

[mbrown3391]

right... but the question is, does smelling alcohol on my breath hold up in court for a conviction. I would think that some other kind of physical evidence would be necessary, such as a breathalyzer test. And this is certainly the case in several other states, from what i have read.

 

[OHRoadwarrior]

Yes, smelling alcohol is sufficient as would be additionally a pen test or observation of your actions.

 

[mbrown3391]

hmm... well what about the case of Commonwealth v. Brigidi, in which charges against the minor were dropped because the officer could not prove that the breathalyzer had been calibrated? Why would it matter if a breath test was not even necessary?

Or the case of Commonwealth v. Allen, which which establishes that a positive PBT test accompanied by the odor of alcohol may be sufficient to sustain a conviction... If the odor accompanied by a breath test cant even definitively result in conviction, then how can odor alone be enough?

Can either of you cite a case indicating precedence for the odor of alcohol alone resulting in conviction?

 

[Isis1]

hmm... well what about the case of Commonwealth v. Brigidi, in which charges against the minor were dropped because the officer could not prove that the breathalyzer had been calibrated? Why would it matter if a breath test was not even necessary?

Or the case of Commonwealth v. Allen, which which establishes that a positive PBT test accompanied by the odor of alcohol may be sufficient to sustain a conviction... If the odor accompanied by a breath test cant even definitively result in conviction, then how can odor alone be enough?

Can either of you cite a case indicating precedence for the odor of alcohol alone resulting in conviction?

have you called the court to see if you were even cited?

 

[mbrown3391]

yes, there was a citation. they said it will be sent by mail.

 

[asiny]

hmm... well what about the case of Commonwealth v. Brigidi, in which charges against the minor were dropped because the officer could not prove that the breathalyzer had been calibrated? Why would it matter if a breath test was not even necessary?

Or the case of Commonwealth v. Allen, which which establishes that a positive PBT test accompanied by the odor of alcohol may be sufficient to sustain a conviction... If the odor accompanied by a breath test cant even definitively result in conviction, then how can odor alone be enough?

Can either of you cite a case indicating precedence for the odor of alcohol alone resulting in conviction?

In that case you have all the legal expertise you need to goto court and fight this pro se. Either that or get an attorney.... strangely, which is what both of the cited defendants in those cases did.

 

[Hot Topic]

Your friends came over so that all of you could party. You didn't give a hoot if you bothered any of your neighbors, especially after you started on the liquor. Do it often enough and you could find yourself being evicted.

 

[mbrown3391]

I'm not sure what you're basing that on... but that is absolutely false. My roommate and I invited 3 people over to have a few beers and watch TV. Our landlord (who's house is attached to ours... its a duplex) said he could not even hear us, so I'm not sure how a neighbor did. In any case, he will certainly not be evicting us, and I'm not really sure where you are getting your opinions other than complete ignorance, but in any case, you can keep them to yourself. This is a forum for legal advice, not snide, prejudiced remarks from people who have no idea what they are talking about, and no intention of helping anyone with their legal issues.

Thanks to those who actually helped answer my question! I've consulted a lawyer, and he assured me that without any physical evidence there is no case whatsoever and it will surely be thrown out in court. The cop probably felt embarrassed and silly when she came in with full force to break up a party that didn't exist, and we laughed. She probably assumed that I would just plead guilty if she cited me. But now she will look like even more of a fool when she faces me in court without a single piece of evidence!

 

[LdiJ]

I'm not sure what you're basing that on... but that is absolutely false. My roommate and I invited 3 people over to have a few beers and watch TV. Our landlord (who's house is attached to ours... its a duplex) said he could not even hear us, so I'm not sure how a neighbor did. In any case, he will certainly not be evicting us, and I'm not really sure where you are getting your opinions other than complete ignorance, but in any case, you can keep them to yourself. This is a forum for legal advice, not snide, prejudiced remarks from people who have no idea what they are talking about, and no intention of helping anyone with their legal issues.

Thanks to those who actually helped answer my question! I've consulted a lawyer, and he assured me that without any physical evidence there is no case whatsoever and it will surely be thrown out in court. The cop probably felt embarrassed and silly when she came in with full force to break up a party that didn't exist, and we laughed. She probably assumed that I would just plead guilty if she cited me. But now she will look like even more of a fool when she faces me in court without a single piece of evidence!

You are correct that you cannot be convicted without any evidence...and I am actually surprised that the officer decided to cite you for that after the fact.

Nevertheless, the police would have had no reason to be knocking on your door unless you were making enough noise that SOMEONE complained. Most likely it was the volume of your TV and maybe even the bass. Keep that in mind for the future. There is nothing more annoying to other people than loud bass coming from someone else's speakers. Keep the bass down and you avoid complaints.

 

[Hot Topic]

You are correct that you cannot be convicted without any evidence...and I am actually surprised that the officer decided to cite you for that after the fact.

Nevertheless, the police would have had no reason to be knocking on your door unless you were making enough noise that SOMEONE complained. Most likely it was the volume of your TV and maybe even the bass. Keep that in mind for the future. There is nothing more annoying to other people than loud bass coming from someone else's speakers. Keep the bass down and you avoid complaints.

No, the police officer was looking for someone to harass and picked the OP and friends.

 

[LdiJ]

No, the police officer was looking for someone to harass and picked the OP and friends.

I am hoping that was sarcasm....