Legal Question in DUI Law in Pennsylvania
Not a DUI -- Charged w/ underage after saving a life.
I didn't know what catagory this should go in, but I was not and did not plan on driving that night. I was at a get together and a friend of mine went to lean on a balcony not knowing the wood was warped. Railings broke and she was about to fall 3 stories. I grabbed onto her hand for one second but couldn't hold (found out later if I didn't, she would have fell on her head and died). She ended up seriously hurt. We obviously called 911. If the balcony was not faulty, the police would have never been called because we were not being wreckless at all. But when they got there, all the police were concerned w/ was giving us underages. I am going to court within a few weeks. I have never been in trouble like this, but had I not been there to try to save her, she would have died so I believe I was there for a bigger reason. The cops did not change the breathalyzer piece at ALL when performing the tests, either. Can someone please give me points on how to present this case? I cannot lose my license. I'm a hardworking 20 year old and that just can't happen. I've been told that if I present this right it may be dropped to a disorderly conduct...
2 Answers from Attorneys
Re: Not a DUI -- Charged w/ underage after saving a life.
There is certainly a claim for the friend of yours against the homeowner and the manufacturer of the railing.
As far as the police, "saving a life" is not a defense to underage drinking. You should contact our offices as soon as possible about (1) your friend's claim for injuries; and (2) defense of your underage drinking violation.
Re: Not a DUI -- Charged w/ underage after saving a life.
You are most likely going to lose your license for 60 days. If needing your license is a temporary thing, it can be delayed for quite a while. It sounds to me as if there are defenses since you called 911 for medical assistance and I don't know that that gives the police probable cause to search the premises where you were. It boils down to a question of time and money and how important it is to you to have the license for at least the next few months. If you are willing to spend a couple thousand dollars on attorneys' fees (depending on the County that you are in) you should be at least able to delay the license suspension for at least 3 or 4 months.
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