Legal Question in DUI Law in Pennsylvania

drunk..allowed to drive home, no DUI, can that help me....

I was pulled over for ''racing on highway'', even though i wasn't.... I flashed my 4-ways cause i met up with a friend on the highway. It was 2:30 in the morning, no one else on the road, and it was a chance meeting when me and my friend in my car and a friend of mine and her friend in her car. I passed her, realized it was her, pulled in front of her, then she pulled next to me and i waved and sped up a little then flashed my 4-ways. At no time were either of us speeding, but anyway.... we got pulled over for racing on highway, that's a pretty serious offense, but not as serious as the drunk driving the officer let me go on. My BAC was .14, he gave me the field tests and said I ''passed them with flying colors''. My friend with me was drunk too, so the officer let me drive to my house (about 3 miles) as he followed me. When i got home he slowed down then just kept going. I'm going to fight the ticket, and i was wondering if i can use the fact that I was drunk to help me get out of the other case if need be. I'll first try to just explain what happened and hopefully won't need to use the drunkedness, but if I have to and it will help I will. Thanks a lot.


Asked on 8/15/03, 9:32 am

1 Answer from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: drunk..allowed to drive home, no DUI, can that help me....

It would be foolish to mention that you were drunk. The judge would surely convict you, and would penalize you as much as the law allows under the racing on highway statute. My recommendation is that you show up for court, talk to the officer, and see if he will reduce the charge to careless driving or some other lesser charge.

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Answered on 8/15/03, 10:06 am


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