Legal Question in DUI Law in Pennsylvania

Underage Drinking Citation...Probable Cause?

At a frat party 2 weeks ago, party was raided. Fire

marshall made a random check w/ 2 undercover cops. Found

violations of city fire code, then raided and barricaded the house.

Everyone left the house single file, while checking w/ a cop upon

exit. Asked some students if they were drinking and

others no. Some were given the field sobriety test w/ eyes

following and object (don't know exact name). I told the cop I was

drinking on my turn because I was asked if I was. Was told I should

expect a citation in the mail and told me to leave. He used our

school's student directory to take my information. Other people

were just asked for their names and were told to leave (who were

underage and drinking). Can proceedings of cops be

ruled unfair in court b/c all people were not handled in the same

way? I cant lose my drivers license for 3 months. I'm

looking to seek an attorney, but haven't received ciatation yet

either. Should I seek a lawyer, or is admittance to the UAD pretty

much make me guilty? The fine isn't the issue, its losing my drivers

license I'm worried about. School told us people will only be

getting citations (they contacted cops) if they failed eye

test,admittance to?Confused.


Asked on 12/02/04, 4:09 am

2 Answers from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Underage Drinking Citation...Probable Cause?

This case will be based completely on the facts as of the night in question, also it depends what jurisdiction are you in PA or NJ and as to whether the Police had a right to enter the said premises.......I recommend you obtain an attorney ASAP to protect your interests.

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Answered on 12/02/04, 10:23 am
Mark Johns Mark Johns, Esquire

Re: Underage Drinking Citation...Probable Cause?

Not having all the facts I cannot give a definitive answer but it sounds like you have a good defense case. The only evidence against you is the Officer writing down your name. Under cross examination he could be forced to admit he took info out of student directory and not from driver's license.If he coudl not give a possitive credible identification of you you should be acquited. I offer free consultations.

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Answered on 12/02/04, 6:40 am


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