Minor Consumption Mess Up
In February, I had been present at a party where there was alcohol present. It was busted by the police because of a noise complaint. The officers gave everyone but me a breathalyzer and gave me a minor consumption ticket with no PBT reading. A couple weeks later I got the incident report and it showed my ticket, but the police officer wrote in a PBT reading with a pen after the incident. The PBT number was a .18. I still have the hard-copy without the PBT. I had not been drinking and am fighting the case. Is it lawful for an officer to write in a PBT reading after the incident and with no breathalyzer??
2 Answers from Attorneys
Re: Minor Consumption Mess Up
The police make things up all the time; or at least they get confused.
If you did not take the pbt, get ready to fight that in a trial. Get your friends together. You need witnesses. You have to be able to prove you did not take the pbt. It's your word against the officer.
And by the way, you better have a lawyer. Chances are you'll just get bulldozed if you go in there without one.
Re: Minor Consumption Mess Up
Short answer, "no." However other evidence could be sufficent to prove the charge, such as odor of alcohol on breath, admission of drinking, etc. To go to court, don't agree to anything that would amount to a conviction, or plead "guilty." Having a lawyer would help a lot.
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