Legal Question in DUI Law in Pennsylvania

My daughter and a large number of other college students were caught-up in a police sweep at Wachovia stadium for underage alcohol possession/consumption at tailgate parties before a game. An officer supposedly told one of the students that they expected to write between 50 to 100 citations that afternoon.
Plainclothes police drove up and down the parking lot in an unmarked car while flashing the Villanova "V' for victory sign as students cheered back in response. Then, after passing-by, the plainclothes police jumped out of the car and returned to question suspects and write citations.
In my daughters case, the police did not identify themselves before they began to question everyone. There were six people in the group she was with, all under 21, and there was a cooler with beer and bottle of wine in the open trunk of the car. My daughter did not have a cup in her hand when they passed, and had not been drinking, but there was a cup with beer in it on the floor next to her. When the officer told her she was going to receive a citation, my daughter said she had not been drinking and requested that the officers administer a breath test. But the officer replied that "they were not doing that".
The police then also asked the girls to open their bags, and while rummaging through my daughters bag, found the drivers license of another girl who was not there, which they confiscated.
The citations everyone received for underage possession/consumption were pre-filled with dates and times for court appearances.
Is there anything in what happened with my daughter that would form the basis of a defense for the charges against her?

Asked on 10/18/11, 5:46 pm

Solomon Weinstein Solomon Weinstein, Esquire

0 users found helpful

0 attorneys agreed

Obtain an attorney immediately. there is enough facts there to warrant possible defenses.

Answered on 10/19/11, 6:03 am

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