underage drinking /withdrawn/recharged

[bjl1105]

What is the name of your state? PA. My 18 year old dtr was at a party with 141 other students. Truth be told. She drank 1 can of beer at 09:00 pm. Bust happens at midnight. The State Alcohol Police hold all 142 students to write citations or on view arrest summons. At 4:00 AM she gets to the officer, who writes an onview arrest based on their conversation "Did you drink?" "Yes, Officer, I had my first and only beer at 09:00 pm". She begs for a breathalizer (3 times) and was refused "Too much time has passed" he states. Meanwhile, others around her at 4:00 am are getting to take breath tests. Penality is stiff; loss of license for 3 months in PA, and 6 months in NJ (where we live), along with a hefty $300 plus fine. Got a lawyer. Got a date for magistrates office hearing. Got there (after driving through an ice storm and almost killing ourselves on Route 80) only to find the officer withdrew the charges 20 minutes before appearance. Today, we get a certified letter. He refiled the charges. Her summons reads as before: "Did consume one 12 ounce can of Milwaukees Best Ice Beer-Defendent is 18 years of age". Does this make sence to anyone ? Yes, she drank her first beer. Her punishment has already been doled out by parents, school, scaring the beezeeus out of her by the law. Is this well spend tax payers $$? Comments and suggestions welcome. sorry this was so long.

 

[rmet4nzkx]

It is the first beer she got caught drinking!

 

[bjl1105]

no. it was her first drink.

 

[rmet4nzkx]

Trust me, it was not her first. What do you expect her to say?

 

[bjl1105]

Okay, I'll trust you. Now that we have our opinions on the table, do we have any legal thoughts about the whole process?

 

[rmet4nzkx]

Since she admitted drinking there was no need too do BAC, ask for a diversion program, a 6 month suspension of her license is the least of her problems, she is away at college it could be worse. Look into getting her into some sort of AA or alcohol education program before going to court. Most colleges have cracked down on underage drinking.

 

[bjl1105]

Can they use her admission to drinking without Mirandizing her? (just curious). She has completed an alcohol awareness program at her college as a result of the original summons and she has an awareness of the dangers of alcohol thanks to close family members (yes she has an awareness and a curiosity) both cured I hope. How many times can she be recharged with the same crime? And what is the difference between a citation and an onsite arrest as far as the proceedings/penalties are concerned?

 

[rmet4nzkx]

They don't have to read her her rights. Hopefully, the drug education will help, but like many things, it may not sink in right away and may only be a means to a goal, getting out of trouble. She can be recharged if she was not tried, was she charged by the campus police and later charge from local police? There may have been something which caused them to delay the process, had she completed all requirements prior to the original court date?

 

[bjl1105]

She was issued a Summons by the State Police. The officer withdrew the charges 35 minutes before court time. Two days later, she received certified letter re issuing the same summons with a new date. Now has a new court date. My understanding is that the Alcohol Control Board will now allow the Magistrate to dismiss (or find innocent) any of the 142 charges (only 1 was hers - there were 141 other kids) made that night for any reason. Guess we're going to appeal. We'll see.

 

[Bravo8]

The police don't "allow" the Magistrate to do anything. If the Judge choose to dismiss the citation, that is his or her perogative.

Essentially there is little difference in the process between an "on view arrest" and a "summons", except that in the former the offender is taken into custody (and likely released later). Underage drinking is one of the few "summary offenses" where the police can physically arrest the offender.

 

[bjl1105]

Thank you both for your responses. As a recipient of an *on view* arrest, my daughter was not taken into custody away from the scene. She, along with the other 141 kids, were held at the scene until they were seen by an officer. In her case, from midnight until 4:00 AM. Most of the kids got *citations*. I am not sure why she received an on view arrest. If their intent was to send a strong message.....it worked. Unfortunately, it got mixed in with a strong message about the inequities that may exist in our judicial system How many times can she be charged with the same crime?
Again, thanks for your posts.

 

[bjl1105]

Charged/withdrawn/recharged..

State: PA. Does anyone have an answer to my last question (see prior post). How many times can a person be charged with the same crime? Thanks.

 

[Bravo8]

I think that question was already answered. Depending on the circumstances, the charges can be withdrawn or dismissed and re-filed numerous times.

 

[LawGirl10]

Depending on the specific facts of the case, you may have a Miranda issue. She doesn't have to be actually taken to jail. If the court determines that she was "in custody," which means that a reasonable person, under an objective standard, would not feel free to leave, then she would be "in custody" for Miranda purposes. If that is the finding, then anything she said to the police could not be used against her if she was not Mirandized. But, again, it depends on the specific facts of the case.

 

[CdwJava]

Depending on the specific facts of the case, you may have a Miranda issue. She doesn't have to be actually taken to jail. If the court determines that she was "in custody," which means that a reasonable person, under an objective standard, would not feel free to leave, then she would be "in custody" for Miranda purposes. If that is the finding, then anything she said to the police could not be used against her if she was not Mirandized. But, again, it depends on the specific facts of the case.

While it is theoretically possible that the detention could have been escalated to the point of being considered "custody" for purposes of Miranda, that would be very unlikely. In situations where people are detained - even if they are not free to leave - the courts have consistently ruled that Miranda does not apply. In a situation like this, detention is a given. I have never heard of a situation similar to this where a court (at least in CA) has ruled that such a detention would rise to the level of "custody" for purposes of Miranda. It can be likened to a traffic stop in that regard.

- Carl