Legal Question in Criminal Law in Pennsylvania

Underage Drinking Citation

My friends and I were pulled over for failure to signal a lane change. We had been out drinking earlier, and the officer smelled alcohol. He put the driver through field tests, which he passed, but failed the BAC at .04. He is 20. I was a passenger in the car and was asked whether I had been drinking. I replied yes, and had a BAC of .0something (the officer did not tell me and i have not recieved any paperwork, either at the time or in the mail but it has only been 2 days) The officer cuffed me and took me to the station without telling me my rights or if i was being charged. He told me only when he released me that i would recieve a summary citation in the mail. What choices do I have for defense? I am 20 with no priors and a clean driving record. Does not reading me my rights and transporting me to the station without my rights being read bear on the case at all? Only one of us was mirandized, the 21 year old who claimed alcohol in the car, and I did not know he was mirandized til later. Also, the officer made us aware they were using dashboard video and microphones if that has any bearing


Asked on 2/02/07, 5:42 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Underage Drinking Citation

Miranda only matters if you confess. A good lawyer can negotiate a plea to disorderly conduct which carries no suspension. I offer free initial consultations.

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Answered on 2/02/07, 7:44 pm


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