Legal Question in DUI Law in Pennsylvania

can minors be breath tested with no probable cause

a 911 call was called in on my car as a ''suspicious driver'' and upon returning to my house with two other friends in the car there was four police cars waiting for us.(this was around 1:40am and i have a juniors drver license) the officier came up to my car window and said that he smelled marijuana. i presented him with a pack of black and milds which were smoked in the car. then he asked me to step out of the car and do a field subrioty test. i did, and showed no signs of being inebratded. the officers then searched the two passengers in my car and found nothing on them either. then they breath tested us. one passenger, who was 17, failed, and myself and the other passenger passed. the passenger who failed, first asked if he could talk to his parents, and asked if he had to take the test. the officers said he had to take it right now and could not call his parents first. the officers also did not observe myself or the passengers for the required time of 20min. stated in 77.24 breath test procedures. the officers also desposed of the three breath test tubes in the back of my car. do we have enough evidence of the police not following procedure to have the breath test thrown out in a court of law?


Asked on 11/02/04, 12:43 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: can minors be breath tested with no probable cause

It sounds like there might be something there. You might need an expert witness which can be expensive. I offer free consultations and would be more than happy to discuss the facts of the case.

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Answered on 11/02/04, 10:28 pm


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