Legal Question in DUI Law in Pennsylvania

Breath alyzer right away!! Without sobriety test, found Marijuna then, blew .03

I was pulled over in PA for having a headlight out. The officer came up to my car and said that he smelled alcohol, I told him that I wasn't drinking and he told me to step out of the car and take a breath alyzer test with out doing a sobriety tests. I blew a .03 and was read my rights. He then asked if I had anything in the car before he searched it. I gave him a gram a marijuna and my pipe. He then took me to the cop station. I gave him three names of people who were selling. Now they are trying to get me to do some control buys, to get me off the hook. My parents weren't notified and no one knows about this except me. Do they have a case against me if I don't do any control buys? Please email me back on what you think. I really would appreciate it.


Asked on 10/20/04, 1:00 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Breath alyzer right away!! Without sobriety test, found Marijuna then, blew

First and foremost, the police officer may not have had the right to search the car. You should not have given him the drugs/paraphenalia in the car. If he had no right to search, that would be suppressed.

However, since you gave him the drugs upon request, it's probably consensual and admissable. Same with the information you gave them. I always tell people who are stopped--do not say anything, and never, never, never consent to a search or give up evidence. In short...shut up...agree to nothing.

How old are you? Obviously, if you are under 21, the breath reading on the PBT is admissable as evidence of underage drinking, and the drugs and paraphenalia for a possession charge.

You don't have to do controlled buys for the police. You could face the charges above.

Email me if you want to discuss further.

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Answered on 10/21/04, 9:55 am


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