Quote:
Originally Posted by musclebound
So here's the story. Back in MAY, me and my girlfriend were at a party (22yrs). Some of the people were underage (myself included) but I wasn't drinking.
So the cops come and bust the party up, some kids ran and got caught but most of didn't. I thought running would be a bad idea so i stayed put. Cops seemed pretty nice, they never asked if I had been drinking, but they took my name and address. I asked if i could leave if a friend came to pick me up. They allowed it without giving me a breathalyzer.
I heard from my friends that they got breathalyzed after I left. I thought i was in the clear. So i forgot about it until today when I get a certified letter in the mail with a citation and a court date.
Charge is listed as 'S 18 §6308 §§A' and on the citation (yellow paper) it says "being less than 21 years of age defendant did consume liqour or malt or brewed beverages"
So I intend to fight it. What do you guys think? Any good lawyers in the Hazleton Area?
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They don't have to give you a breathalyzer to charge you. You were at a party where alcohol was present, therefore under PA law you were appropriately charged. If you are under 21 you do NOT have to be consuming to be charged. Can you fight it? Sure. Can you win? Maybe.. More than likely you will be find guilty, fined, and lose your license for a bit.
Either way, good luck