Legal Question in DUI Law in Pennsylvania

Hi,

I did not recieve a DUI or anything of that nature but I could not find any other category this would fall under. So here is the story: My 4 friends and I were in Hershey Park camping. We just got back from the park, I just started the fire, and my friend and I were sitting at our table making sandwiches. The other 3 were getting things out of the van to go and shower. We were sitting there, minding our own business, not being loud at all, when bright lights shown on us. A man walked out and proclaimed "awww, this is no fun," thinking that we were only making sandwiches. When he kept exploring the campsite, he found a bottle of rum. He then told us he was the security supervisor and asked if any of us were 21. All of us are 19 so he took all of our ID's. He left for about five minutes and returned with two members of the local police. Since we had not yet started drinking, they could not get us with alcohol citations. The officer then asked us to bring out all of the alcohol we had and put it on the table. We did so and he told us to dump it all out. The officer wanted to get us with something, so he gave all of us "disorderly conduct" citations. With this charge, it is a $237 fine with a guilty plea. My 4 friend have already went back up to Hershey for a meeting with the judge and requested the ARD program, where they each have to do 40 hours of community service and complete an online alcohol class. I am just wondering if I should fight this because we were not being disorderly by any means. Also, we have talked to the police officer since the incident and he has threatened that if we take it to court, he will make the charge more severe. I was unaware that he could even do this.


Asked on 7/24/10, 9:37 am

1 Answer from Attorneys

SAUL SEGAN SAUL H SEGAN ATTY AT LAW

The charge wold be possession of alcohol underage, which you all did--I would go for the ARD

and you would probably come out OK--A lawyer would help---Let me know if you need a name in that vicinity--maybe they will amend to a local ordinance--non-criminal offense

SAUL H SEGAN ESQ

215 732 4000

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Answered on 7/29/10, 12:04 pm


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