Underage Citation

[sputnik190]

What is the name of your state? PA

I went to a concert this past saturday on June 26th. I did not have anything to drink and was not hiding anything. I had got off the highway going home on the wrong exit so I stopped and pulled over to look at a map. My sister and her boyfriend were in the car smelling of alcohol there ages are 22 and 23 and fighting when an officer pulled up and asked if I was lost I told him Yes. He also asked for my drivers' license which I gave when he got back he asked if I had been drinking I told him no I had nothing to hide. He asked why the vehicle smelled of alcohol I told him because the two in the car had quite a bit to drink. We had no open containers to bottles or anything else in the car to say that we were drinking. He said that since he stopped he had to give a ticket. He said that it was going to be a citation for Underage drinking. Not driving or anything else he got all my information and also got my sisters and her boyfriends. He said that I could not drive so he gave a field sobriety to my sisters boyfriend. I offered to take a breathalizer and a field sobriety because I had absolutely nothing to hide I hadn't touched a drop of alcohol but he kept on saying that I was lying and that I had. Even though I have offered to take all the necessary steps to clear my name what is going to happen.
Do I have a case to plead not guilty because there was no evidence and nothing to hide? What are the consequences of this citation? What should I do?

 

[Bravo8]

You can fight it...just plead not guilty.

The fine is a max of $300 plus costs and/or 90 days in jail. Your license will also be suspended if you are found guilty or plead guilty.

 

[sputnik190]

PA

How hard of a case is it to fight? Should a lawyer be present to help fight my case? Should I have witnesses to help with my story? Should I see if the cop can maybe drop the case to a disorderly conduct? And if so what are the requirements for that citation?

 

[sputnik190]

Another thing is this considered a juvenile case since I am 19 years old? Or will I got in front of a magistrate for adult court

 

[sputnik190]

Another quick question since I wasn't driving when he stopped me does that make a difference?

 

[DKSakal]

I am going through a similar cituation with my step son. We live in PA and he was cited for underage drinking. He was with some of his freinds that were dinking, but he was not. I suggest you hire a lawyer that can help you through the courts. If you are convicted, it's your license, an increase in your car insurance and the possibility of not getting that perfect job five years, ten years down the road. Many companies run a DMV check and this could show up on your record, creating a flag that you may have difficulty in controling your ability to drink.

 

[dequeendistress]

I believe you are considered an adult upon attaining the age of 18, and in some cases will be tried as an adult prior to reaching same age.

I don't think you want to try to change your charges, but were you disorderly?

Simply put, as you were told already, plead not guilty. You will then be set for trial, and yes sober witnesses will help your case. I would suggest an attorney as well.

 

[sputnik190]

Thank you for all of your help.

I wasn't disorderly the officer and I actually had a talk for about 15 minutes after all of this happened. I haven't got my citation yet it's been 4 days now. I'm kinda hoping that he did all this to "scare me" even though I had nothing to hide or scare me about but all of this does scare me to show me that this really is a serious thing.

But I asked a friend of mine that is actually studying criminal justice that before the court date to ask the officer for disorderly conduct just pay the fines no suspension of license or anything else just to make it easier. I really can't afford to lose my license because I work and also commute 30 minutes to college. If I would lose my license I would actually have to take a semester off because nobody close lives near me to take me their and everybody else I know works so I would really appreciate any information how to get around the suspension of license otherwise I will have to take a semester off. And I am heading into my third year which could really screw up my graduation date.

 

[Peety]

Admitting to something you didn't do ~ isn't a good idea. Just because it's easy to plead guilty, doesn't mean it's the wisest choice. Things of value usually take some effort to obtain, maintain, keep or protect. A clean record is something of value, that should be maintained and protected ...... especially if you didn't do anything wrong.

A "Designated Driver" for those attending a party is acting as the responsible one; doing exactly what is suggested. He or she should not be punished because the passengers in the car are intoxicated.

If you are really being charged with something, I find it odd that you haven't recieved a ticket yet.

As is said above, get a lawyer, find any sober witnesses you can, ask the lawyer about what you should do about this "chummy officer" that's charging you with a bogus offence. :-/

 

[Bravo8]

Peety, how many times have you encountered a group of underage drinkers and found one or two to NOT be drinking? Yeah, me either and I deal with underage drinking regularly. The point of my story is, chances are the guy was drinking with his friends. If he comes here and says, "I was drinking underage and got popped." then everyone would chastise him for even posting here and tell him to take his medicine.

So instead, he claims to have been completely booze free in order to receive actual advice.

You're not a juvenile, but a minor....big difference in the eyes of the law regarding DUI. However, underage drinking is a summary offense, so you will be heard in front of a Magistrate regardless of age.

Driving has nothing to do with underage drinking, except you could have been arrested for DUI but were not.

DKSakal, underage drinking won't show up on your record (except for the resulting suspension).

The advantage to pleading guilty to DC as opposed to underage drinking is that there is no license suspension with DC.

 

[sputnik190]

Bravo8 I understand that you are trying to help and I appreciate the advice that you gave me but this wasn't a case of underage drinking the others in the car were of legal age and that was the main reason that I had went to the concert because of the reason of being able to be the designated driver. This concert wasn't anything of interest to me but I bought the tickets as a birthday gift for here and went along to enjoy her birthday with her. THey enjoyed it to well I guess.

Another question was I pulled over in a parking lot of a company which was private property with the legal advice that I got from a free consultation with a lawyer was that it was private property the only authority that he had to give was criminal trespassing is this correct?

 

[JohnnyN]

You were not drinking.
You did not fail a sobriety test.
You did not fail a breath analysis test.
You did not admit to drinking at all.

Basically, he has no case against you. Have you gotten the citation? I'm really interested to see what it says.

BTW, you said your sister and her boyfriend were 22 and 23. How did they get underage citations?

 

[JohnnyN]

Furthermore, I doubt a cop would cite you unless he had some sort of proof. I don't think any cop would be that incompetent.

 

[Bravo8]

The "private property" argument doesn't hold water. A PA police officer can only enforce certain "serious traffic offenses" on private property (DUI, Homicide by Vehicle, etc), but not regular traffic laws (speeding, stop signs, etc).

However, the above doesn't apply to Summary Offenses under the Crimes Code, which is where Underage Drinking is located. In other words, it's illegal for someone underage to drink on private property or on public property. The law can be enforced in either location.

Driving isn't an element to the offense, unless you were charged with DUI. Even then, the officer doesn't have to see you drive. Probable Cause that you drove the vehicle under the influence or just being in "actual physical control" (in driver's seat, keys in ignition) is a violation of the statute.

I apologize if I seem a bit mistrusting, but I have yet to actually find a minor hanging out with a groupd of drunks who hadn't been drinking themselves.....even though they all claim they hadn't been drinking.

 

[sputnik190]

Well thanks for all of the help. The private property thing. We were not drinking there. I had stopped to look at the map because I was lost and was trying to find a route to get home. We were parked there and I had the dome light on looking at an atlas when he stopped. He didn't stop us he just wanted to make sure everything was alright.

No the other two got absolutely nothing at all the were "scott free" he only hit me because he said that he stopped and had to give me something.

Yes I got the citation it said that I admitted to having 3-4 alcoholic drinks, slurred speech, and red eyes. I might have had red eyes but it was 12:15 in the morning and I was very tired but I don't understand if I had slurred speech why the officer would put up with me and talk with me about his computer that was onboard.

Another thing that I don't understand is my sisters boyfriend was drunk and admitted to being drunk. He gave him the field sobriety tests and only passed 3. Am I wrong or if you fail one then it's all over. I don't know which one he failed but if he passed 3 of them and then failed walking a straight line would he have put them behind the wheel. That's just hypothetical but think about that that's what it would seem. So why would the officer put him behind the wheel?

Another thing is the lawyer said that he didn't have to give me a ticket but since he smelled alcohol on the others he might have got me because it was June 27th near the end of the month and a new 24 year old cop could be on commission on tickets or has some kind of quota or something and he just gave a ticket all information about this post would be appreciated.