Legal Question in Criminal Law in Pennsylvania

Underage Drinking

At approximately 3:30 am Saturday September 13th, 2003 I was pulled over for speeding.The officer stated I was doing 70mph in a 45mph zone.The officer asked if I was drinking to which I responded No.I was then asked to perform a sobriety test in which they claimed that I had ''barely passed''.It was at this time the officers asked me once more, ''if I had been drinking?''.At this point I responded with an answer of one or two.It was at this time I was told I would be issued a citation for underage drinking.The problem I presume lies in the fact that the officers never gave me a breathalyzer test, found no alcohol in my vehicle, and upon be given a sobriety test I had passed. I did state that I had ''one or two'' in response to the officer's question, '' Did you have anything to drink tonite?'', but from my limited understanding of the law I thought as though confessions such as these are only permissable upon being read one's Miranda rights.I was never read these rights.Furthermore it is my feeling that there is no physical evidence to support the State's case here, and that even if my statement ''one or two'' is binding, the officer never clearly stated if I had consumed alcohol, I merely was stating I had one or two ''drinks''.


Asked on 11/04/03, 1:02 am

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: Underage Drinking

You present a defensible case. It may be possible to suppress your statements, but that depends upon the facts and circumstances. If your statements are not suppressed, the Commonwealth must prove: That you consumed alcohol and that this consumption impaired your ability to safely operate a vehicle. I suggest that you retain an attorney to defend your case. (If were also charged with a DUI).

The underage drinking charge might be established without physical evidence, but again you have defenses.

My office was formerly located in your area. (Northeast Philadelphia). I still represent several clients close to you. If I can be of assistance, please feel free to contact me.

David L. Bargeron, Esquire

610-972-6610

Read more
Answered on 11/12/03, 12:55 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania