Legal Question in Criminal Law in Pennsylvania

my son (17) was a passenger in a car driven by a 17 year old while drunk. Fortunately no accident, but they got pulled over. Driver got arrested and my son got a 6308. they gave my son a breathalyzer test without me being present and he blew a 0.056. no open containers, officer did not witness purchase of alcohol. Is this the right code? I recently lost my job and have no money. Can I contest or ask for a lesser charge i.e. maybe disorderly or ?. Can I contest the use of a PBT on a minor without parent present?


Asked on 1/05/11, 9:54 pm

1 Answer from Attorneys
Justin Gearty Law Office of Justin C Gearty Jr

The police may contact a breathalyzer without the parent present. He could plead not guilty to try to challenge it. Sounds like they had probably cause to breathalyze him as well. Your right though, sometimes the police officer will negotiate a plea to a lesser offense, like disorderly conduct, but you would be much better off with a lawyer to try to do that.

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Answered on 1/11/11, 6:16 am


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