Underage Drinking Citation- Please Read

[chriswise]

Hello, I am a 19 year old college student that lives outside of Pittsburgh PA, and on New Years Eve I was at a house party that got raided. Earlier in the night I was visiting my father in the hospital and arrived at the party late, very late in fact, and was not able to drink barely at all. There were alot of kids at the party because both sisters had invited friends over, but the party was controlled in the house, not getting out of control. Then the cops get called on us because a girl decided it would be funny to report all of us because she got kicked out of the party. As soon as the police come to the house, at least 30 of the kids ran into the woods. I had always been told it was better to stay and deal with the police calmly than try to run away so that is what I did. The cops start going through the house finding all the kids. There are some issues I have with what the cops did while busting the party. First, when they came to the house the mother told the cops she would not let the police come in without a warrant, to which one of the cops agreed, while another went around to another door and just went in to start looking for kids. Another problem I have is with the message they are sending to the kids; every single kid that tried to run away got away, and in fact some kids just got up and left the room they were holding us in and walked out the front door. Probably only 14 kids got charged, while around 40 of them got away in the woods. Thirdly, the cops told us to call our parents and give them our information and then we could leave. When my mother arrived, it was appearant to her that I was not at all drunk, and so I tried to talk to the officer about the charges that I was getting charged with. The officer told me it did not matter whether or not I touched alcohol, that being in the presence of alcohol that is available to minors and not reporting it is a crime and that was the charge everyone was getting charged with. However, when I looked online for the underage consumption charge it clearly reads that the person had to purchase, attempt to purchase, consume, possess or transport the alcohol. I never admitted to consuming alcohol, and asked the officer if a breathalyzer would help and he said it didn't matter. Now I believe the cop lied to my face, and I don't think that just because I was present at the party they should be able to charge me with that charge. None of the cops saw me with alcohol in my possession, I never admitted to drinking and they never tested me. Does anybody think I have a good shot at beating the case.

 

[CdwJava]

Hello, I am a 19 year old college student ... and arrived at the party late, very late in fact, and was not able to drink barely at all.

So, to be clear, you had been drinking, correct?

There were alot of kids at the party because both sisters had invited friends over, but the party was controlled in the house, not getting out of control.

So it seemed to you from inside.

Then the cops get called on us because a girl decided it would be funny to report all of us because she got kicked out of the party.

You know that this is true, because .... ?

As soon as the police come to the house, at least 30 of the kids ran into the woods.

Oops! Not a good sign, and sort of like waving a red cape in front of a bull. We in police work call that "a clue."

I had always been told it was better to stay and deal with the police calmly than try to run away so that is what I did.

Often the better bet.

The cops start going through the house finding all the kids. There are some issues I have with what the cops did while busting the party. First, when they came to the house the mother told the cops she would not let the police come in without a warrant, to which one of the cops agreed, while another went around to another door and just went in to start looking for kids.

You may have a problem, but I suspect the officer that made entry will articulate that he had reason to believe minors were inside drinking and that failure to make entry could result in harm to those minors. Such an exigency is an exception to the warrant requirement.

I would hope mom got arrested for hosting this underage kegger.

Another problem I have is with the message they are sending to the kids; every single kid that tried to run away got away, and in fact some kids just got up and left the room they were holding us in and walked out the front door. Probably only 14 kids got charged, while around 40 of them got away in the woods.

Gee ... because some kids ran and got away with it, the other kids should be given a pass? Really?

The kids that ran could have faced more serious crimes I imagine. The fact that they got away is lucky for them and due, I suspect, to the fact that there was not an army of cops. It takes a heck of a lot of cops to cordon off a house with 50+ kids in it.

Thirdly, the cops told us to call our parents and give them our information and then we could leave. When my mother arrived, it was appearant to her that I was not at all drunk, and so I tried to talk to the officer about the charges that I was getting charged with.

Since you were not apparently charged with being "drunk" it makes no difference. Based upon the title here, you were charged with being underage and consuming alcohol.

The officer told me it did not matter whether or not I touched alcohol, that being in the presence of alcohol that is available to minors and not reporting it is a crime and that was the charge everyone was getting charged with.

I don't know about the "not reporting it" part, but being in a place where you had free access to the alcohol is often enough to get you cited for possession. And since you admit to consuming alcohol, it is likely that the officers could smell the alcohol on you.

However, when I looked online for the underage consumption charge it clearly reads that the person had to purchase, attempt to purchase, consume, possess or transport the alcohol. I never admitted to consuming alcohol, and asked the officer if a breathalyzer would help and he said it didn't matter.

You really think that the officers did not smell the odor of alcohol on you or your breath? Not having a breath test is not likely to change the outcome if the officers testify to smelling the alcohol on you.

Your parents can hire you an attorney and that attorney can get a hold of the report and see what you face. More than likely a deal will be made that will have you go to classes to avoid any serious penalties, and you might suffer a license penalty (not sure if that happens in your state on alcohol possession/consumption offenses).

Again, the actual code section you were cited for would help.

What code section were you charged with?

 

[chriswise]

Yes I had been drinking, but over the course of the three hours that I was at the party I had less than 3 glasses of champagne, so clearly I was not intoxicated, visibly drunk, and I don't believe that the smell of alcohol was that strong on my breath. I don't believe they could have proven I had been drinking, even with a brethelyzer. The cop admitted that the only reason they had come to the party was because they had gotten a 911 call. We know who reported it because they admitted to it. I'm not saying that some kids ran away and got away with it, I'm saying that 80% of the kids ran, and every single person that ran got away with it. The cops did have an army up at the house, showing up at first with eight cop cars and more arrived as the night went on. When the cops were talking to us, they kept telling us to call the kids out of the woods, that their safety was their main concern for not driving away and getting into an accident. One of the parents who lived across the street came over and was talking to the cops and had them say that they were going to release us to our parents custody without being charged until a kid came outside and threw up next to the cops. I Haven't gotten a charge yet, but looking through the Pennsylvania laws the only one that they can charge me with is the underage consumption. I will post the charge when I know it.

 

[CdwJava]

Yes I had been drinking, but over the course of the three hours that I was at the party I had less than 3 glasses of champagne, so clearly I was not intoxicated, visibly drunk, and I don't believe that the smell of alcohol was that strong on my breath.

You were not cited for being drunk.

And, yes, the odor of alcohol can and usually is present. Note that some 20% of alcohol is expelled through your pores. The odor we commonly associate with someone drinking alcohol does not come from their breath but from their pores. Three glasses of champagne over three hours is sufficient to have put you at a peak BAC of about .06 and down to between .03 and .015 - either one sufficient to allow the expulsion of alcohol through your pores when the police arrived.

But, until you get a copy of the report, you will not know what the officers are basing their assumption of your consumption on (assuming it is for consumption and not possession).

I don't believe they could have proven I had been drinking, even with a brethelyzer.

All they have to do is testify that they smelled the odor of alcohol on you and that is typically sufficient.

The cop admitted that the only reason they had come to the party was because they had gotten a 911 call. We know who reported it because they admitted to it.

That person may not have been the only person who called. Just sayin' ...

I'm not saying that some kids ran away and got away with it, I'm saying that 80% of the kids ran, and every single person that ran got away with it.

Lucky for them.

The cops did have an army up at the house, showing up at first with eight cop cars and more arrived as the night went on.

I doubt that 8 cars showed up initially. Likely a couple and then more when they put out over the radio that people were running.

I Haven't gotten a charge yet, but looking through the Pennsylvania laws the only one that they can charge me with is the underage consumption. I will post the charge when I know it.

But ... the title here is that you were cited for underage consumption???? You have not been charged at all? What are you complaining about, then?

Personally, I would have arrested the adult in charge of the party and hauled him or her off to jail.

 

[xylene]

Now I believe the cop lied to my face

Welcome to adulthood.

 

[chriswise]

Right, I was cited for consumption, which the cop lied to both me and my mother about. I know it was the only call they got because the cops told us they got a call from Washington county PA, which is a couple counties over from us and the county in which the girl lives in. I know that I am going to be cited because the parent that came to the house intially went and talked to the police yesterday as the attorney for the owners of the house and he said that they are going to cite everyone they found at the house of underage consumption and let the judge sort things out. I have not been charged yet because they haven't delivered the charge out yet. Believe me, I know it's coming.

 

[chriswise]

The cop never said he smelled alcohol on me, he told me it didn't matter, which is a lie.

 

[CdwJava]

Right, I was cited for consumption, which the cop lied to both me and my mother about.

What did he lie to you about? About not needing a test? he was right.

I know it was the only call they got because the cops told us they got a call from Washington county PA, which is a couple counties over from us and the county in which the girl lives in.

That does not mean that was the only call. It might have been, but understand that the officers at the scene generally do not have a whole lot of info on WHO called ... not that it matters much.

I know that I am going to be cited because the parent that came to the house intially went and talked to the police yesterday as the attorney for the owners of the house and he said that they are going to cite everyone they found at the house of underage consumption and let the judge sort things out.

Wait ... you just wrote, "I was cited for consumption" ... so, once again, I am confused as to whether or not you were cited.

Have you been issued a citation or a summons commanding you to attend court? If so, what is the code section on the citation or summons?

And all because someone claims the cops said they would cite everyone does not mean it will happen. It might ... it might not.

I have not been charged yet because they haven't delivered the charge out yet. Believe me, I know it's coming.

No, you believe it is coming. Unless you work for the police or the prosecutor,
you do not know that for certain. I guess this answers my previous question above.

If you are charged, are your parents prepared to hire you an attorney (that will cost you many times the fine on the citation)? I know I wouldn't. But, then, I 'd have my kids own up to what they were doing and take the consequences.

The cop never said he smelled alcohol on me, he told me it didn't matter, which is a lie.

Depending on the section he might cite you for, it would not be a lie. And all because he never said he smelled alcohol on you does not mean he did not. I do not always explain all of my probable cause to people I cite or arrest - I do not have to.

Understand also that possession is a crime of dominion and control not ownership or consumption and that most sections addressing underage consumption also deal with possession. You might also be cited for a local ordinance which does just that. hence the reason it will help to know the code section.

 

[stealth2]

At the end of the day, if you are under 21, you are not allowed - LEGALLY - to drink at all. One glass of bubbly, or 10. Same thing.

And yes, I hope the mother hosting this little soiree was busted for providing booze to minors.