Legal Question in DUI Law in Pennsylvania

transporting alchol

my 20 year old daughter got in car accident they never took her for testing she went to court and got fined for transporting alcohol and lost her license for 90 days now her boyfriend is going to court because the cops stated he was driving but he wasn't my daughter was can then bring up new charges on her


Asked on 2/19/08, 1:18 pm

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: transporting alchol

Based on the information you have provided in your question, the answer is unclear. Under a case I refer to a Campanna, once someone is found guilty of a criminal offense any new charges brought on from the same transaction or occurrence are barred under a double jeopardy theory. The problem with your question is whether a "transporting alcohol" summary offense is considered a criminal conviction under Campanna. I think it is. Further, even if they did charge her, as you stated, there was no testing so the district attorney would have a hard time convicting.

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good luck

brian

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Answered on 2/19/08, 1:27 pm
James Monaghan Law Office of James V. Monaghan

Re: transporting alchol

If they tested your daughter's breath/blood properly, they can charge her with DUI, if she admits to driving. Your question does not indicate whether boyfreind was tested for alcohol. More facts would certainly help.

Please contact me.

Jim

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Answered on 2/19/08, 2:04 pm


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