• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

underage drinking question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

collegeguy490

Guest
What is the name of your state? Pennsylvania
On the night of the 4th of july i was picked up for my second underage drinking violation. I was wrote up for that and public drunkeness. My question is they never wrote on my citation what my BAC was and im almost positive that i did not take a breathalizer test. If i did not and since it was not recorded on my citation is there any way i can have the case thrown out? Thank you for your replies in advance.
 


S

Shay-Pari'e

Senior Member
collegeguy490 said:
What is the name of your state? Pennsylvania
On the night of the 4th of july i was picked up for my second underage drinking violation. I was wrote up for that and public drunkeness. My question is they never wrote on my citation what my BAC was and im almost positive that i did not take a breathalizer test. If i did not and since it was not recorded on my citation is there any way i can have the case thrown out? Thank you for your replies in advance.
Click to expand...
You can't remember if you took a breathalizer test? You are on your second citation for underage drinking, and I encourage you to see the path you are taking.

You are going to get locked up if you continue the drinking. Don't sit there and think about how you are going to get out of it because you won't unless you get a grip on your life and stop.

This is serious, and depending on your age and record, you could be looking at intervention by the court.

Take the heat and get some help.
 
C

collegeguy490

Guest
i understand that i need to change my ways but thats not what i am worried about right now. i have actually cleaned my act up tremendously since the first citation. i stayed sober for a few months after it. This was really the first time i went out drinking again since the first citation. But i cant get my life back on track with school and even work if my license is suspended for a year. It will just put my life on hold for almost a year because of where i live.
 
B

BelizeBreeze

Senior Member
But i cant get my life back on track with school and even work if my license is suspended for a year. It will just put my life on hold for almost a year because of where i live.
Click to expand...
PFERDE MIST!

You equate getting your life back on track with the "Priviledge" of driving? Then you'll never get your life back. So frikkin what if you have to put your life on hold for almost a year? I don't. Be thankful you HAVE a life to put on hold.

Or would you like to visit the local morgue and whine to the children who don't have a life left to put on hold because some jackass decided to get drunk and go out for a spin?

Go whine someplace else?
 
H

HomeGuru

Senior Member
collegeguy490 said:
What is the name of your state? Pennsylvania

... .and im almost positive that i did not take a breathalizer test.

**A: I guess you were too drunk to remember.......
Click to expand...
 
C

collegeguy490

Guest
Ok i know i screwed up and im not whineing. Im just looking for some advice i figured that i might be able to get some objective help here but i guess i was mistaken. And belize i was no where near a vehicle i would never EVER get near a car when i was drinking, a good friend of mine almost died because he was drinking and driveing and wrecked his car. I just made a mistake and i am sorry for it i just dont want this to stop me from getting my life back on track because i have come along way since my first citation.
 
C

collegeguy490

Guest
Please if anyone a can just let me know if i might be able to get out of this charge because the officer did not put my BAC on my citation because he did not give me a breathalizer test let me know.
 
C

collegeguy490

Guest
I had a BAC of .16 so i just pleaded guilty and receved a 265 dollar fine and a 90 day suspension of my license.
 
CdwJava

CdwJava

Senior Member
The BAC does not need to be on the citation. Its the report that will have that information. And if you don't remember, then they might be able to argue that you were too inebriated to take a breath test ... if that were the case.

You are placing too much emphasis on a citation which is ONLY a "promise to appear" in court - it is NOT the police report.

Get a lawyer, get the report, then decide what to do.

Carl
 
C

collegeguy490

Guest
Thank you carl for your help. I went to see if they could tell me at the district justice office what my BAC was and they could not because it was not in the report. I am now seeking a lawyer and will hopefully be able to get out of this because i was not too drunk to take a breathalizer test. The only reason that i was stopped was because that i ate really greasy pizza and that made me throw up. Even the officer told me that the reason he stopped me was because i was "in the vomiting position".
 
C

collegeguy490

Guest
i do have another question if and i know im going to hear it from some of the people on here but i honestly want to know. If i were to take the 90 day jail sentence instead of the fine would my license still be suspended? I can afford the fine but putting my life and school on hold for 90 days is much easier then putting it on hold for 1 year, even if it had to be in jail.
 
CdwJava

CdwJava

Senior Member
collegeguy490 said:
The only reason that i was stopped was because that i ate really greasy pizza and that made me throw up. Even the officer told me that the reason he stopped me was because i was "in the vomiting position".
Click to expand...
And that was sufficient for him to contact you. It's a well known fact that drunk people heave. Once he contacted you, the odor of alcohol (or your admission to drinking) would allow him to proceed with further inquiry.

Your attorney should be able to get the chemical test info. And if it's not there, you can still be charged depending on the officer's observations and your performance on the FSTs. We CAN get convictions based on a driver's actions alone. The high BAC (over .08 for CA) just makes it a heck of a lot easier.

Carl
 
C

collegeguy490

Guest
Cdw, i was no where near a car and i never took a field sobriety test either. It was just assumed that i was because of my actions but without proof such as a breathalizer how can they prove anything? And another question i have is they denied me access to my police report today at the police station. They told me that if a report was written (they are not always written for small citations) that they do not make copies for the public even if it was mine. I would have to get a lawyer and they would have to put out a supena (sp?) to get it. I know that these are public documents and shouldnt i be able to get them without this process?
 
CdwJava

CdwJava

Senior Member
Well, I don't know the laws in PA so I can't say whether they should or should not have given you a copy of the report. But, in CA, you wouldn't have gotten it either. The report is available as pre-trial discovery to your legal representative.

And a field sobriety test is not usually required for a minor in possession charge - simply the presence of the alcohol. And with consumption, the odor on your breath might be sufficient.

It sounds like you will just have to go to court and see what happens.

Carl
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top