Legal Question in Criminal Law in Pennsylvania

unreasonable noise/disorderly conduct

My 17 year old was at a party where underage drinking was going on. the police responded to a noise complaint and cited the kids for disorderly conduct/unreasonable noise. 5503a2 The officer said that it would be a 50.00 fine. The citation just came, fine is 100.00 and with costs a whopping total of 219.00. The police officer stated they had been called to this residence on many occasions and since his chief knew he was there he had to write some type of citation but would cut the kids a break on the drinking. My son never did admit to drinking though. I would like to fight the disorderly on the basis that there was no ''intent to cause'' or ''recklessly causing risk thereof'' to disturb as he was not a resident of the home and therefore had no control over the stereo and/or its volume. My question is will the officer become irritated and subsequently file underage drinking charges, which would be based on his word alone, not any admission or concrete evidence. The officer was really cool with the kids but I just wonder if he would become irritated enough if we fight the charges or if it is likely he would not care.


Asked on 10/12/07, 9:01 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: unreasonable noise/disorderly conduct

That is difficult to say. Keep in mind that the Magistrate Judge deals with the police quite a bit. In my experience with underage drinking all that the police have to say is that they smelled alcohol on the defendant's breath, they don't need a breathalyzer or any blood tests.

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Answered on 10/20/07, 2:07 pm


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