Legal Question in Criminal Law in Pennsylvania

If he pleads guilty, in addition to any fines he will also lose his driver's license for at least 90 days. The reading of rights is irrelevant unless the officer is trying to use a confession against your son. Here, no confession is needed: the breathalyzer says it all.

You could certainly try to fight it, but if this is a first offense, your son's best bet may be to plead not guilty now and try to have the officer change the charge to a disorderly conduct on the day of trial. That would prevent any license suspension. I suggest sitting down with a local criminal defense attorney and going over everything.

Best of luck to you and your son.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

Many people believe the police always have to Mirandize anyone they arrest and that charges against the arrestee have to be dismissed if they don't. This is not how it works. A Miranda violation is not a "get out of jail free" card.

The validity of an arrest has nothing to do with Miranda warnings. Miranda only becomes a factor in court -- and even then, only if the prosecutor tries to use as evidence answers the defendant gave to police questioning while he was in custody.

Note that "in custody" does not only mean when he was behind bars; people can be in custody while the police question them at the scene and even before the police tell them they are under arrest. You say your son was "issued a citation"; police frequently issue citations in ways that don't amount to custody.

If the prosecutor ever tries to use any evidence obtained in violation of Miranda, your son should be able to have that evidence excluded. If the tainted evidence is critical to the prosecution's case, your son may get the case dismissed or win an acquittal on that basis.

But if the prosecution *doesn't* try to use such evidence -- or if there is none (because the police didn't question him improperly) -- then Miranda is a non-issue for him.

But even if your son does get some evidence excluded under Miranda, the prosecution may have plenty of other evidence it can use. That evidence may be enough to persuade a jury and, if it does, then he can be convicted.

You should have an attorney. There is the remote possibility that the charge could be amended to a local ordinance violation which would not entail a suspension, or classes would be required but the suspension is difficult to avoid. Sometimes the scheduling of the suspension can be somewhat flexible.

In the college towns, there is so much of this that the local district judges want to "send a message"

An experienced attorney is always a good investment.

Call me if you like.

Sincerely and best wishes to you and your son,

Saul

www.saulhsegan.com

215-732-4000

No charge for phone consultation. You are most welcome to call.