Legal Question in DUI Law in Pennsylvania

can i fight this!!!
I am being charged with first offense DUI and Careless Driving. I had contact with an officer in a gas station and he asked for my id which was in my car. I went out and gave it to him. He asked if i had been driving i said no my car had been there. on the police report he put that he told me not to drive which he never said to me. After he left i moved my car to a side parking spot out from in front of the store so i could walk home. He pulled behind me and said i didnt think you would drive after i confronted you. I said i was parking my car and walking. he gave me sobriety test on ice and snow. he had me say the alphabet and told me not to use and or y. so i did this and on the report it said i failed because didnt say y. He also gave me a pbt in which he had to call nearby campus police to bring for him. on the police report it said i blew .089 but the reading was acually higher this was the reading on my blood test. my question is can i fight his false reports and can the origonal pbt be dismissed. and me being 22 does the scent of alcohol give him right to pull me over for moving my car in parking lot? Please help me!!

Asked on 2/09/08, 10:49 pm

3 Answers from Attorneys

Mark Johns Mark Johns, Esquire

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Re: can i fight this!!!

If this is a first offense the cost to fight the charges would exceed the the fines and costs associated with the ARD program. Under ARD you would pay a fine and costs, possibly do some community service and serve a period of probation. Because of the low blood alcohol level there would be no license suspension. I offer free initial consultations.

Answered on 2/10/08, 6:38 am

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Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Re: can i fight this!!!

A PBT isn't admissable in court...it is basically the equivalent of a field sobriety test.

You do have several issues to work with here. You did not say where you were from, but I would be interested in discussing your case with you if you wish. Email or call.

Answered on 2/11/08, 12:33 pm

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