Underage Drinking Citation with a few "technical errors"

[adesire2Bhappy]

Win? Is that what I'm trying to do? I'm just downplaying every statement you make. Call me a child if you wish.[/QUOTE


my response

You are just a baby, give it up if you cant play with the big dogs then get off the porch.....you have enough of yur own problems to worry about then to be here arguing with me....

 

[JohnnyN]

I'm a baby? Give it up? I'll tell you that you are, in fact, arguing. Just in case you have not come to that realization yet.

BTW, I don't really think that analogy applies here......

 

[adesire2Bhappy]

I'm a baby? Give it up? I'll tell you that you are, in fact, arguing. Just in case you have not come to that realization yet.

BTW, I don't really think that analogy applies here......

Johnny Boy go away before i call in the big dogs....and 1 will chew you up and spit you out. if you have nothing to say that pertains to the law except what has happen to you keep you mouth shut laws very in different states....you need to worry abt you own problems instead of worring about eveyone elses.......

you are only 16 how much can you know about the law unless you are a street hood !!!!!!!!!!!!

 

[Bravo8]

3) They breathalized my brother. I was just standing there, and they decided to breathalize me. I was a bit shaken, having been in an accident. I assumed that I blew something higher than .02, as he said I would be getting a citation in the mail. What was the probable cause? That someone else was drinking? Is that reason enough?

From your own admission, you were drinking. Obviously, you smelled of booze, which is enough PC to issue a citation for underage drinking. A measureable BAC is not a necessary element of the offense (as ANY alcohol consumption would be in violation of the statute). The requirement for a BAC of .02% or higher is only necessary for DUI if you are underage.

4)I NEVER signed anything. I get a citation in the mail, saying my BAC was .73. Ok, so I was standing there talking, so reasonable assumption (captain obvious) can tell anyone that the BAC shown there is bogus. Also, the time of occurance listed is 24 hours before it actually happened, and the date my parents were notified was 20 some hours after that, even though they were there when I was arrested. Kind of inconsistent (based on a technicallity that I am acknowledging may not mean much in my defense).

There is no need for you to sign the citation. A signature simply acknowledges your receipt of the citation....just as you signing for the certified mail when the Magistrate sent you the citation.

Both the 0.74% BAC and the date of offense are obviously mistakes on the issuing officers part, but can easily be amended at the hearing.

Legally (as far as I know), you can't change the citation once it has been written. What effect will the bogus BAC have on anything? If it's wrong, wouldn't you have to throw it out? Keep in mind that's his only evidence.

Again, see above.

Also, there is no such thing as "above 21 DUI". There is a specific subsection dealing with a minor (under 21) being DUI if the BAC is at or above .02%, however a minor can be charged with the other appropriate sections if their BAC is higher (regardless of age).

 

[harbor14]

What is the name of your state?What is the name of your state? Pennsylvania.

I'm 16 years of age, and I was recently charged with underage drinking. Here's the facts, my questions, and what I was presented with as far as a citation:


1) My brother and I were driving along an unfamiliar road, when he took a turn to fast, resulting in a roll-over.

2) A few Police officers arrived at the scene, although only one was making a report.

3) They breathalized my brother. I was just standing there, and they decided to breathalize me. I was a bit shaken, having been in an accident. I assumed that I blew something higher than .02, as he said I would be getting a citation in the mail. What was the probable cause? That someone else was drinking? Is that reason enough?

4)I NEVER signed anything. I get a citation in the mail, saying my BAC was .73. Ok, so I was standing there talking, so reasonable assumption (captain obvious) can tell anyone that the BAC shown there is bogus. Also, the time of occurance listed is 24 hours before it actually happened, and the date my parents were notified was 20 some hours after that, even though they were there when I was arrested. Kind of inconsistent (based on a technicallity that I am acknowledging may not mean much in my defense).

5. May I again emphasize that I did not sign anything? So I don't know it happened, and I have no idea what the officer is talking about. I was not there at the time he specified on the day that he specified. It was early very early in the morning, before the sunrise, but I cannot prove that I was in bed at that time. Would my parents being witness be enough? Would the whole "I don't know what he's talking about" defense be enough to render the citation invalid?


If the cops are going to prosecute you for something, they should get the information right. If I plead guilty, I would be lying. I was NOT there on the date he specified. Legally (as far as I know), you can't change the citation once it has been written. What effect will the bogus BAC have on anything? If it's wrong, wouldn't you have to throw it out? Keep in mind that's his only evidence.

I just need to know if I have any chance of dropping the citation if I contest it in court. Thanks in advance.

I will answer a few of these, remembering I do not know PA state law so this is based on WA state law;

3) Proable Cause is a determination for making an arrest not for having someone blow into a PBT. Things missing in your post are the officers observations of you, the smell of intoxicants coming from your person, the state of your eyes - bloodshot, watery etc, any containers in the vehicle, any statements made by you are you brother and the accidnet itself. All of these add up to PC to arrest for MIP.

4) You do not have to sign anything. If PA is anything like WA since you are a juvenile you would have received a summons/citation in the mail from the juvenile processing facility. Signing or not signing means nothing. The errors on the citation really dont mean anything either. You were there; the officer was there; there will be a dispatch log showing the call and any arrests that were made; if he has a log book like we do it will have the information in it; your parents were there; there is an accident report, and arrest report and numerous officers at the scene. There is too much information placing you at the scene that you dont have to even think about this as a defense.

5) See above.. BTW "I dont anything about it defense" has me LMAO. Stupidest thing I have every heard.

Officers do not prosecute, DA's do that. Officers arrest based on proable cause and provide information to the DA who prosecutes. What effect will the "bogus BAC" have on anything; probably nothing. If the breathtest was done on a BrAC machine (like Datamaster) there will be a ticket showing the results. If all you did was blow into a PBT, here the numeral results are not admissable only the fact you were over whatever legal limit the criminal code lays out.

The citation may be amended at any time. As far as evidence, unless you have the report you have no ideal what other evidence is available.

Hopes this answers some of your questions.