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Underage Consumption in PA

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qwertyytrewq

Junior Member
What is the name of your state? Pennsylvania

I was recently at a party and when I went outside to get a ride home, a police officer stopped me and asked me for my id. I didnt say anything, just took out my school id and showed it to him. He took my information and asked my birthday, which i answered honestly. I asked if I was receiving a summons and he answered "maybe, we'll see." After everyone I was with had their information taken, the officer said, "never come back to this house again" and told us to leave. The encounter lasted less than 3 minutes.

A week later i recieved a summons in the mail citing underage consumption (PA CC 6308).

Note: The officer found out my other information by contacting my school.

I have a few questions on how I can defend myself/get the ticket dismissed:

1) The report says that the summons was "issued." Was the summons issued or filed? I did not recieve any ticket on the scene and was not even told if I was being charged on the scene. I am not exactly sure what the legal difference is, but I take it that "issued" would be if i was given the ticket on the scene and "filed" would be if it was done later and mailed to me (which is what happened). When the officer took my information is seemed that they were unsure whether they were going to issue tickets (that was the impression i recieved).

2) I was not breathalized on the scene. I never admitted to the officer I was drinking and spoke no more than 10 words to him. It was dark and he was not able to take a good look at my face, his flashlight was only pointed down. I know that he has probable cause to issue me a ticket since I was at the party, but do I have a defense to claim that I was never drinking? Does stating that I was never drinking offer enough reasonable doubt to throw out the ticket? The officer issued over 40 tickets that night, so i doubt he can accurately claim specifics about me when he took my information. The only concrete evidence they have was that I was at the underage party, nothing about me consuming alcohol.


Any advice is appriecitated. ThanksWhat is the name of your state?
 


The Occultist

Senior Member
The officer will give his sworn testimony that he witnessed you exhibiting behavior consistent with one who has been drinking alcohol, and that is usually enough for the courts.
 

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