Drinking Citation Luzerne county, need a lawyer

[chrisjames_71]

Originally Posted by fingers80002

With that line of thinking, a 15 yo. can be charged, If their parents were having a cook-out, and beer was present, I don't think it will fly.

The chances are far greater that it will fly, then it won't. I know its been done many times over since the late 80s. I was even present at a party in 89 were everyone there got charged. 3 folks hired attorneys and fought the charges. All three lost and they all lost their licenses. And as far as I know PA has NOT changed the law. And I believe their was something about being with parents. Cause along with what you said, if your folks stop at the state store or beer distr with the kids, then kid is guilty as well.

[evilash]

Don't get a lawyer, its gonna be a waste of money... ask questions and it will be thrown out...you are allowed to confront your accuser and you are also allowed witnesses upon your behalf...

even if you lose you will have to attend a AOD program, that basically you go to a alchohol class twice, take a test... then everyone there (who are all underage) goes out and throws a drinking party together....

piece of cake, I have gotten 2 when I was younger and still have yet to get anything on my criminal record.

[chrisjames_71]

Originally Posted by son of the revolution

Thanks Chris , it appears its ME that needs to brush up on the PA Laws regarding this type of situation . All though I have to admit Im baffled how theres any sense of justice in charging someone for nothing more then what amounts to guilt by association !

Im not for encouraging or condoning underage drinking , even though God knows I did plenty of it in my teens( then again that was twenty years ago ) . But the idea of charging someone with NO evidence , other then their mere presence just troubles me quite a bit .

Yep I agree on the guilty by association part. When the law first came out (think it was 88) a lot of folks were pissed about it. Granted they were all underage, including me

[fingers80002]

Originally Posted by chrisjames_71

The chances are far greater that it will fly, then it won't. I know its been done many times over since the late 80s. I was even present at a party in 89 were everyone there got charged. 3 folks hired attorneys and fought the charges. All three lost and they all lost their licenses. And as far as I know PA has NOT changed the law. And I believe their was something about being with parents. Cause along with what you said, if your folks stop at the state store or beer distr with the kids, then kid is guilty as well.

Maybe we need to work on getting that changed, that scenario, is just wrong.

[bogey1]

my daughter was at a party where under age kids were drinking, she wasn't drinking, she was tested and her mom came and picked her up at the house, no citation. (springfield, delco)

[imperialism2024]

Originally Posted by chrisjames_71

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

Originally Posted by chrisjames_71

Under PA law under age does NOT need a breathalyzer or blood test, doesn't even have to drink. Just being at the party is chargeable and it will NOT be tossed out either. The evidence that he was there is that the officer saw him and talked to him. He can fight it at the DJ's office and may win, but more than likely he will be found guilty, get fined, and lose his license.

Originally Posted by chrisjames_71

The chances are far greater that it will fly, then it won't. I know its been done many times over since the late 80s. I was even present at a party in 89 were everyone there got charged. 3 folks hired attorneys and fought the charges. All three lost and they all lost their licenses. And as far as I know PA has NOT changed the law. And I believe their was something about being with parents. Cause along with what you said, if your folks stop at the state store or beer distr with the kids, then kid is guilty as well.

Looking at the statue under which the OP was charged, http://law.onecle.com/pennsylvania/c...3.008.000.html, it doesn't appear that being in the presence of alcohol is a crime. Sure, they could go for a very contructive definition of "possess", but that would be like charging me for statutory rape because I was standing in the same room as a 12-year-old girl.

Any proof that it is illegal to be in the presence of alcohol? I certainly understand that anyone can be charged with anything, and without a good lawyer can be found guilty, but that doesn't necessarily make it illegal. I'm just not seeing it in the law under which the OP was cited.

No offense, but it sounds a lot like the "Open carry is illegal" law that every gun owner and LEO seems to know about, but can't seem cite.

[Wild Bill Klinton]

Originally Posted by chrisjames_71

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

What you said...I knew a few friends charged in the late 70's. The part I could never figure out is how you can bartend at 18?

I guess it's like OC.


WBK

[goofin]

What you said...I knew a few friends charged in the late 70's. The part I could never figure out is how you can bartend at 18?

Thats PLCB laws for you. you can tend bar, you can get a liquor license at age 18, vote, join the military and be sent to war and killed at age 18 but you cant drink until 21

[giantdad]

Musclebound, my oldest son got 6308 in Altoona while going to school there.Was not drinking but in the room with friends who were.He went in front of the District Magistrate and plead his case.The Judge let him plead guilty to disorderly conduct.Fine was about 200$ (this was 3 years ago).The fine now for an underage is 300$ and 90 day suspension of driving license. Good luck

[bigbear]

Title 18 Section 6308 is not just the consumption of alcoholic beverages, but the POSSESSION of alcoholic beverages. In the instant case, the OP states that he was at a party where alcohol was being served while underage. Is that possession? IDK, because I'm not a lawyer, or a MDJ. It's a roll of the dice if he fights it.

My own personal opinion is, just for the license issue alone, I'd call for a hearing and ask the officer to allow me to plead to Disorderly Conduct. It's a fine, but no license suspension.