Legal Question in DUI Law in Pennsylvania

I was found asleep in the grass outside of my friends apartment by two bicycle police officers. The officers came nowhere within 4 feet of me and asked me what I had been doing. I responded by saying I was visiting a friend. They then asked me to stand up perhaps because I was slurring my words a bit and upon standing I stumbled. Then they took me around front to the other side of the complex and asked me my basic information. They then proceeded to call another patrol officer to come down and look at me. At this point I threw up in my friends bushes. The third officer arrived and ha me call my college roommate to see if he could pick me up but he couldn't. Then he cuffed me and placed me in the car without ever giving me my rights or breathalizing He took me to a little room and cuffed me to a table and we waited for my dad to arrive. They then began to talk about getting an ambulance for me. I told them no and they asked me a bunch of questions to see if I was in a correct state of mind. They didn't get an ambulance and my father arrived. I left the station with an underage and a public drunkness charge. I'm 19 years old and live in PA I'm wondering if I can fight it.


Asked on 9/06/12, 2:04 pm

2 Answers from Attorneys
Rachel Hunter

Get a criminal lawyer NOW - preferably one who specializes in DUI/drunkenness of underage people and who practices in and is familiar with the judge, prosecutors and police in the county in which you were charged. Maybe he or she will be able to work a deal and get you ARD or something reduced..

What exactly are you going to fight? If the breathalyzer test showed you were under the influence, that's enough, coupled with your own description. Most people don't find a place outside to sleep absent camping and I assume you were not camping and did not have camping equipment. While drunken sleeping is not a crime necessarily for people over age 21 (assuming this was private property and not on a public thruway), you obviously are not. Underage people can't possess alcohol. Unless your defense is that you took prescribed medication that made you pass out, I would suggest that you and the attorney you hire focus on getting the charges reduced or handled under the ARD program.

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Answered on 9/06/12, 3:56 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

You can fight the consequences through special programs. It does not sound like you were unduly mistreated. This effects your career future and your driver's license.

You NEED a lawyer.

I handle many college students in your position and often referred cases like these from other lawyers.

Please look at my web site and feel free to call me any time for a free, confidential discussion.

My web site.

Www.saulhsegan.com

Phone number is 215-732-4000.

I would be happy to help you.

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Answered on 9/06/12, 5:55 pm


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