Fighting a genuinely unjust underage citation

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

Right, so this is my first post on here... and hopefully my last. No offense.

I'm 18 and a couple months ago, I drove to a concert with a small group, a couple of whom I knew. Several others were strangers to me, but well acquainted with my friends. Naturally, beforehand, we all decided to hang out in the venue parking lot for awhile and "tailgate". All the other concert goers had the same idea, because there was drunken revelry as far as the eye could see.

Of course, our little group was no exception. Being the somewhat clean and (I like to think) rational person that I am, I find shotgunning in the middle of a crowded parking lot to be a bad idea. Because I was driving as well, I didn't drink a drop. I didn't even touch any of the non-alcoholic beverages we brought. So I'm standing there, surrounded by friends who are getting more buzzed with each passing second, when two cops slither in. Now, to their credit, nobody had pushed themselves over the edge, and everybody pretty well snapped into sobriety when they asked for our ID's. Of course, a several guys had the bright idea to lie, and say they either didn't have an ID, or they were 21 and didn't have an ID. I just handed them mine, as nonchalantly as possible. I didn't have anything to worry about.

So yeah, the cops held onto our IDs, and did there little radioing back and forth (their unit went by the convenient cognomen "Whiskey"), and eventually summoned a paddy-wagon. While we waited, the officers gave a little spiel about the procedure, what we'd do, what our options were.

It was at this point that I asked for a breathalyzer. They refused, claiming that I was guilty by association.

So, they led us to the whiskeymobile, and drove us to their on site "processing" station. There they frisked me and searched my bag, took cell phones and the like, put them in a bag with our ID, and sent us to sit in a back room. One at a time, they called us out and asked for basic information (name, birthday, etc.) and gave us our citations. At this point, I asked the officer at the station if there was any way I could prove my innocence right then and there. He said, and I quote "Talk to the judge."

I intend to.

So, today in fact, several of the members of our group had their hearings. A couple accepted plea bargains, and the one who tried to fight lost. I honestly don't remember whether this fellow drank or not, but he told the magistrate that he was only sitting on the cooler when the cops walked up. The magistrate promptly declared sitting on the cooler to be possession, and that was the end of that.

The rest of us go in a few weeks. I have a good lawyer in one of my best friends' dad. She was there too, so he's representing both of us free of charge.

So, now that you've read all that... do you folks think I have a snowball's chance in hell? My friend's father is a very accomplished defense attorney, so if there's anyone who can help us, it's him. He has already counseled us on how to act and what to expect. But, no battle plan survives contact with the enemy, so I just wondered if anybody on this site has any personal experience or words of wisdom to add.

Sorry for verbosity... I just realized how long that is.

Thanks in advance.

What have you been charged with (actual code, please)? If you have been charged with underage POSSESSION (which has nothing to do with ownership, btw) then you are indeed guilty. So, again, what code have you been charged with?

The Occultist said:

If you have been charged with underage POSSESSION (which has nothing to do with ownership, btw) then you are indeed guilty. So, again, what code have you been charged with?

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How do you figure? If he was standing next to a person with alcohols, but he NOTHING in his hands or on his person, where do you see possession?

Zigner said:

How do you figure? If he was standing next to a person with alcohols, but he NOTHING in his hands or on his person, where do you see possession?

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OP stated that he was the driver. If it was his vehicle in which the police found the alcoholic beverages then he is on the hook for possession.

Possession is also a crime of constructive control. One might be convicted simply for having access, dominion and control over the alcohol, So, being in a group of people who are also underage can have the unfortunate side effect of tarring you with the same brush as the others.

The best thing to do in such a situation is leave.

ElvinMelvin said:

OP stated that he was the driver. If it was his vehicle in which the police found the alcoholic beverages then he is on the hook for possession.

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They were not IN the vehicle.

Zigner said:

They were not IN the vehicle.

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That's right. We were tailgating, in the parking lot. We were near our cars, but not in them. I wasn't driving while anyone was drinking.

And at no point was there alcohol in my vehicle. All told, there we about 6 people (if I remember correctly), so I took a couple and so did the other driver. He was 23 years old, and he bought and transported the cooler/drinks in his trunk.

Possession is also a crime of constructive control. One might be convicted simply for having access, dominion and control over the alcohol, So, being in a group of people who are also underage can have the unfortunate side effect of tarring you with the same brush as the others.

The best thing to do in such a situation is leave.

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I am aware of that, but for my friends who have already been to court, the magistrate has asked about nothing but their own personal possession/consumption. And, though I may have had "access" to or "dominion" over the alcohol, so does every 5 year old girl at a family cookout. I suppose this is the essence of the great "possession" blur.

What have you been charged with (actual code, please)? If you have been charged with underage POSSESSION (which has nothing to do with ownership, btw) then you are indeed guilty. So, again, what code have you been charged with?

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---18 Pa.C.S. § 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages---

I believe that is the code on my citation. I've read the entire article (or section, or whatever it's called) multiple times from multiple sources (you'd think they'd all be exactly the same... :/), and they are all very vague on what "possession" means. Which is where the magistrate's judgment comes in, I guess.

I believe the citation said something along the lines of "Did possess and consume an alcoholic beverage." Which is, quite frankly, bull****.

If you ask me, this entire thing is ridiculously subjective. Neither side has, or can have, evidence to prove their case, especially when the police refuse to do empirical tests (like breathalyzers). It's just two parties telling stories to one another. And who is the judge more likely to believe, the two officers he deals with daily, or the 18 year old and his lawyer?
I've lost a great deal of faith in the judicial system... not that I had much to begin with.

But I know I'm preaching to the choir. Thank you to everyone who has responded so far. I really do appreciate your input.