Legal Question in DUI Law in Pennsylvania

DUI on campus

I was driving from a party and didn't know where I was going. We noticed a police car following for about 2-5 mins then he turned away. 5 mins later I was turning around in a lot and a cop pulled up beside me. He rolled his window down and asked what we were doing.I told him we were lost and asked for directions. Instead of answering he made me get out my info then had me get out of the car without explanation. He asked me if I had been drinking to which I responded I wouldn't answer until I was told why I was made to leave my car. He said he smelled alcohol. He did the field sobriety test then breathalyzed me. He then arrested me for DUI without reading me any rights. I had to sign a paper then giving him permission for a blood test. He explained I was ''zig zagging'' and ''pulling into dead end roads.'' The next night he told my mom on the phone that I was ''flying'' and ''going down one way roads.'' I blew a .079. He said he asked me to step out because my speech was slurred(All different from what he told me). He claimed he had followed me 25-30 mins. He’s a campus cop and I know within that amount of time I had been on off-campus roads. If he followed me off-campus is that in his jurisdiction? What’s my case?


Asked on 2/13/06, 1:50 am

3 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: DUI on campus

The officer may not have had probable cause to stop you. Additionally, depnding on the college he might have not had jurisdiction to effectuate the arrest. You need to speak with a lawyer to discuss your options. I offer free consultations.

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Answered on 2/13/06, 5:21 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: DUI on campus

The bottom line here is that your stop might not be a legal stop, second the amount of alcohol you blew might also lead to this case being dismissed, however, first you need to consult with a DUI attorney. Visit my website for additional information at www.AlleghenyAttorneys.com and then give me a call at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

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Answered on 2/13/06, 8:07 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: DUI on campus

I think you probably forgot the most important thing...how old are you? If you are 21 or over, .079 is not a DUI. If you are under 21 it is. You also don't say how you did on the field sobriety tests.

The stop may have been illegal, but the information you're providing is sketchy. You need to see an attorney.

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Answered on 2/13/06, 10:05 am


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