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
2 Answers from Attorneys
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
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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