Drinking Citation Luzerne county, need a lawyer

[JCWohlschlag]

What exactly are we arguing about, here? I thought the entire situation was pretty much covered on all bases with the following posts:

Originally Posted by zackattack784

I definitely agree with you here. From what I've heard, District Judges aren't always well versed in the law. Chances of winning at this level will probably be hit or miss for you. But if you're willing to appeal I'm quite confident you will be able to win in a higher court.

If we are arguing about the outcome of an appelant-level hypothetical case, then the argument is going to require more than “my professor says” or “an Assistant District Attorney says”. Professors and attorneys are wrong all the time; in fact, take a look at any court case, and you will find at least one attorney who was wrong.

[zackattack784]

Originally Posted by mickey01023

You got veteran police officers explaining how the OP is in the wrong, you have other people who have gone through an underage explaining how you are wrong. The proof is in post 87 "posses" if he there with access, its illegal. I really don't understand how you can't get that. I don't like the law, and I think the kid should get 2nd chance. But your like don't tell me I'm wrong when i'm not wrong. Do you think that this person is the first to get an underage and ask questions about it? I'll bet theres thousands of kids that got popped for this and had a mother who was so furious and made a huge stink about it, wrote lettes to the judge and cops and hired a lawyer all to to get the verdict of was theres booze? was he there? was he 21? Ok community service, dats, no license 90 days.

Your reading comprehension skills need work. This forum could not make it any clearer that police officers are clearly not experts in the law, that's why this kid was charged in the first place. Possession and potential access are two different things. Pleas re-read post 70 and you will see I provide proof of this in the form of prior cases, not just my opinion.

I'm sure you're too lazy to go back and read them so here are the links:

http://kansasdefenders.blogspot.com/...ossession.html
http://www.patc.com/weeklyarticles/c...ssession.shtml
http://caselaw.lp.findlaw.com/script...0-1178&invol=1

And that's just the tip of the iceberg, I'm sure you can find more but I stopped after I found those because I figured it was enough, obviously it wasn't. You do make a good example of how people lose in court when they seemingly have air tight cases though. Some judges, no matter how much fact, case law, and evidence you throw at them, they just refuse to believe it.

[CJR55]

The date of the offense should be listed on the ticket, go in and show the Judge your liscense, that would prove that you were 22 at the time of the party. Should be a no brainer.

[chrisjames_71]

Originally Posted by CJR55

The date of the offense should be listed on the ticket, go in and show the Judge your liscense, that would prove that you were 22 at the time of the party. Should be a no brainer.

It would be a no brainer if he were 22. He isn't, his GF is. I think in another post he said he was 20??

http://forum.pafoa.org/pennsylvania-...tml#post783308 (Drinking Citation Luzerne county, need a lawyer)

[musclebound]

Does it make any difference in my defense, that others who were administered a breathalyzer test and failed, received the same charge as me?
What's the point of the breathalyzer at all if they can charge everyone the same either way? What about the kids who were there who didn't blow numbers on the breathalyzer, would they be released?

[vette97]

Originally Posted by musclebound

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"

Regardless what others have stated or argued regarding PLCB laws, the officer lied on the citation. You did not consume liquor or malt or brewed beverages. Your lawyer should be able to help you through this. Let your lawyer call the shots and you will be OK.

1.) Were you at the party when the officer met with you? 2.) Was there alcoholic beverages there? and 3.) How old were you at the time?

If you are asked these questions by the judge, you do not have to answer as the 5th Amendment protects you from self-incrimination in violation of the PLCB's law. You're being asked questions unrelated to the charge above in order to "get you" on another violation. Again, your lawyer should know this already and will be able to handle a response to these questions.

[Yoder]

I think this will be just like traffic court. They are just a bunch of money hungry whores that want to get paid. Show up with a lawyer, they'll reduce it to a lesser charge. You'll pay a fine and get off the hook. I know you didn't really do anything wrong but just bend over and take it. What sucks is this will probably cost you around a grand with the lawyer and fines. Lawyer makes money, county makes money, Cop gets overtime, everybodies happy.

[musclebound]

Update. Just got back from my court date. They had all 15 of us who were cited there. I was last in line and they all said 'not guilty'. Everyone else had breathalizer test done and i was really the only one who had a reason to plea not quilty. Judge got pissed and told us it was going to trial because everyone was lying and told us to get lawyers.. So he told us to leave.

Then I was like wtf I'm not lying. So i went to talk to the cop and asked him if he remembers me telling him i was drinking. (judge told me i didn't need to be breathalyzed because I admitted it to the cop. Totally false. So i asked the cop if he remembers me saying that. Guess he didn't so he told me to hold on and he went back to talk to the judge.. so everyone else waited with me and the judge decided to come back out to the court room and he talked to everyone's parents who where there? Dunno why.. everyone was an adult at least 19 or 20)

Judge decided to let everyone off the charge pending we get a drug & alcohol evaluation done. And go to rehab if necessary. Only if we didn't complete that would be be charged and fined.

Lol, the whole thing is ridiculous.. Now the county is paying for everyone's drug evaluations!!!!

[Jup06]

Originally Posted by musclebound

Now the county is paying for everyone's drug evaluations!!!!

Are you sure about that? The first thing they usually ask for at the D & A evaluation is, "Do you have a check for us?". The D & A evaluation is just another way for the county to make money off of YOU without blemishing your record.

The system is rigged so that you lose either way. To what extent you lose is all in how you play the game. Like I wrote earlier in this thread, you gotta talk your way outta these things and that seems to be what you did. I'm glad it worked out.

[unloved]

Originally Posted by musclebound

Judge decided to let everyone off the charge pending we get a drug & alcohol evaluation done. And go to rehab if necessary.

Guess who performs the evaluation. That's right, your local state approved rehab center. You can bet they're going to tell you you need rehab.