Legal Question in DUI Law in Pennsylvania

possesion of alcohol by a minor

17 yr old son found a bottle of liquor on the floor in the backseat of a friends car. He lifted the bottle showed 3 other friends and put back down. An adult saw it and came to car with phone in hand. She insisted on talking to mother of the driver in which she called the her mother and the adult didn't believe her. Her own son offered to hand over the bottle, she refused to take and called the police. She pulled her son and another person out of the car and left my son and the driver in the car and the police were on scene quickly giving my son no time to get out. This could of all been avoided if she had waited until the mother got there. The mother of the driver hung up on her daughter and told her to sit tight and would talk to the adult when she arrived. The mother states the adult was screaming in the background and it scared her just as much so she hung up and ran for her car. The adult also called my son several names such as a troublemaking little snot nosed kid. I feel she was out to get my son in trouble and called the police on purpose. My son wants to plead not guilty. Advise from a lawyer said we could use De minimis infractions as a defense. Would this work? Does he have a chance defending himself?


Asked on 10/08/08, 3:03 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: possesion of alcohol by a minor

I agree that the possession charge as to your son would be de minimus so long as the driver or owner of the vehicle admits that the liquor was theirs if there was no breathalyzer and no testimony that there was any smell of alcohol on his breath. The driver or owner of the vehicle is probably going to get nailed for possession if they are underage, though.

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Answered on 10/09/08, 3:06 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: possesion of alcohol by a minor

Here we go...the old "my son found someone else's [contraband] and showed it to his friends and unfairly got in trouble". I can tell you that this is the story of every single mom of every kid that gets charged with possession. I can also tell you that no kid finds a liquor bottle and shows his friends: "hey look guys, let's all crowd around and look at a liquor bottle". But it doesn't matter what I think. It matters what the Court thinks, and what the Commonwealth has in their discovery file. Your son needs legal representation, because the present story just isn't going to be a defense in court. Feel free to call our offices for reasonably priced criminal defense.

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Answered on 10/08/08, 3:52 pm


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