Legal Question in Criminal Law in Pennsylvania

PA underage drinking

My nephew was at a party. The

police arrived.He was not in possession of alcohol. He was only

asked by police for his ID only. He

was not given any breath test.Others were asked if they were

drinking. He was mailed a citation and on it says he admitted to drinking. He denies it. Curent case laws reqires PBT and corroboration.

He is 18 and considered a minor in PA. Minors parents must be notified

acording to statue. His parents were not notified.His Dad had to call

police to find out. Local Judge has

habit of finding juveniles guilty for

just being at party. Is that possesion of alcohol? Comm V Mistler and Comm V Wood requires

individualized suspicion for conviction and corroboration. Latest

case law is from 12/2006. Can

District Judge disregard case law?

Please respond thank you.


Asked on 7/16/07, 7:43 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: PA underage drinking

The DJ is supposed to follow the law. The fact that the citation says that he admitted drinking means the officer will undoubtedly testify such. A better strategy may be to plea bargain and plead guilty to disorderly conduct which carries no license suspension. 18 is an adult in Pennsylvania and parents therefore did not need to be notified.

Read more
Answered on 7/16/07, 8:48 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania