Legal Question in DUI Law in Pennsylvania
no citation for an underage
a party i was at got busted the other nite. i was not breathalized only asked my name and address. no citation was handed to me. will i still get a citation for an underage? i also think he spelled my name wrong.
2 Answers from Attorneys
Re: no citation for an underage
You are probably going to get a citation. Most Magistrate Judges will believe the police even if they simply say they smelled alcohol on your breath. It is difficult to defend against these charges but you can usually work some type of deal out to avoid getting a record.
Re: no citation for an underage
Don't worry about something until it is a real problem, and learn from this and avoid situations where you can get yourself in trouble. They can charge you for 30 days, and they can present any evidence they want, including someone testifying they saw you drinking from a beer bottle... of course you may not have been able to find a glass for water, and rinsed out a beer bottle and used it for water. So as you can see, positive evidence of drinking may be refuted, as in the prior example, unless the witness checked the contents of the bottle...