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Underage drinking citation

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LeagueOf0.20712

Junior Member
Event occurred in PA, my home state is NY.

A few nights ago several people decided to call university EMT's as I was vomiting after consumption for a prolonged period of time. The EMT's came, checked my vitals which all turned out okay. However a university police officer accompained them shortly after and further questioned me. I admitted to drinking and in PA he has reserves the right to send
me to the hospital and to issue a citation. Medical amnesty protects me from any university punishments as other students decided to call, however the state is still involved as our university police are accredited by the state.

I believe the officer made many mistakes and overall displayed poor police work. The problem is that I admitted to drinking and showed obvious signs. My question is how can the below points help me, if at all. I don't really want to file anything against university police but the officers conduct was appalling. The state will most likely fine me between $150 and $300, and underage drinking convictions in PA suspend your drivers license for three months, and I believe this carries over to NYS. I would at least like to get the suspension dropped and hopefully a lesser fine.

Officer O'hay did not ask my permission to take the breathalyzer test, he simply shoved it in my face and said blow in this. I have the right to refuse the test which he did not acknowledge until I told him I wanted to discuss taking or not taking the test. O'hay coerced me into taking the test by saying that it would be a large deciding factor on whether I would be forced to go to the emergency room.

Upon taking the test O’hay turned his back to me to read the test and I had to look over his shoulder to see the reading. It showed a recording of .075%, immediately after this O’hay gave me a look of disgust and appeared mad. Stormed out the hallway to the stairwell and came back approximately two minutes later and again told me to re-take the breathalyzer test. This time the breathalyzer recorded a .055%. At no point did I see O'hay change the straw, and he did not disclose the issue with the previous test to me. Officer incompetence and/ or faulty devices present during arrest.

If the result of the breathalyzer test was going to be a large deciding factor why did O’hay send me to the hospital with a BAC of approximately 0.055%.

My blood pressure and pulse rates were within normal ranges.

I recited my SSN, home address, date, approximate time and where I was currently, and where I had been earlier in the evening with no problem.

Officer O'hay based part of his decision based upon a speech impediment of which I have documentation on. This impediment increases its effect on me due to stress or nervousness. Even after I informed O'hay of my stutter he did not believe me and went onto discuss my personal medical information that I disclosed to him to other people in the hall without my consent. My roommate confirmed my statement privately with O'hay.

O'hay also based part of his decision based upon that I was shivering. I was talking to him wearing only boxer briefs in the hallway, many other people in the hall were wearing coats because of the temperature of the hall. This also contributed to my stuttering problem.

If I required emergency medical attention O’hay should not have interrogated me for approximately 35-45 minutes prior to sending me to the hospital.

O’hay’s decision was largely based upon that I was vomiting frequently. Vomiting can be a symptom of many other issues that are not alcohol related, questionable if that should be the main factor. I had told O’hay and the EMT’s present that I had taken Advil recently and that I was not feeling well earlier in the day.

All of this information I remembered on my own without any assistance from witnesses, of course for the exception of what O’hay asked my roommate privately. All of this information is also confirmed by a witness present during the entire ordeal.

Once at the hospital two nurses and the doctor that saw me agreed with me that I did not have to go to the hospital and noted this. They did not find it necessary to attach any monitors; I simply slept on a stretcher in the hallway until about 7:30 am.




Sorry this got long, any suggestions would be much appreciated.
 


Some Random Guy

Senior Member
You were underage and were drinking. Pay the fine.

The officer knew that you were underage, drinking, vomiting and that people who knew you were concerned for your safety. In an abundance of caution, he directed that you be taken to a hospital where your medical condition could be evaluated. Once at the hospital, trained professionals diagnosed you as "some drunk kid" and kept you in the hospital for observation until the morning.

If the police officer had failed to take you to the hospital and you got injured or killed as a result of your vomit-inducing illness, then your family would likely be on this site asking how to sue the police department for NOT sending you to the hospital.
 

LeagueOf0.20712

Junior Member
I understand that point completely, but as with many other posters I am trying to lessen the penalties I receive from this incident, in this case citing officer misconduct.

I appreciate the help though, I'll most likely try and plea it down if I'm not confident in this route. Just seeing if anyone has been in a similar situation and had any ideas.
 

cbg

I'm a Northern Girl
And when you come across, like you do here, as another spoiled brat trying to avoid reponsibility of his own actions by attempting to put the blame on someone else? What is your plan then?
 

Some Random Guy

Senior Member
I am trying to lessen the penalties I receive from this incident, in this case citing officer misconduct.
Ever hear of two wrongs don't make a right? If the officer truly did something wrong (and I fail to see anything remotely like it), then he may be reprimanded by his department. But that will have nothing to do with your case since you were underage and drinking.
 

LeagueOf0.20712

Junior Member
If I happened to be a spoiled brat why would I ask a personal legal question on an internet message board? If money was not the main issue here I would pay a lawyer to take care of the incident for me.

That seems to be my problem, even if I can prove he did something wrong it probably wouldn't directly help me at all in my case. The most that would happen probably would be his shift supervisor would go over the incident with him. And then he would still go on thinking that because he wears a badge he has the right to do whatever he wants when someone is marginally intoxicated.

Ah well, thanks for the help anyways.
 

cbg

I'm a Northern Girl
I didn't say you were a spoiled brat; just that the position you were taking made you come across as one. It was an attempt, obviously unsuccessful, to provide you with some input as to the possible difficulties in attempting to blame others when you were equally if not more at fault.

Not to mention the fact that I am by no means convinced that the police officer did anything wrong.
 

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