Drinking Citation Luzerne county, need a lawyer

[ehidle]

My questions would be:

1) What law makes it incumbent upon you to verify the age of other people participating in a party where you are in attendance?

2) What law gives you the authority to demand that others produce identification, with or without any reasonable suspicion, to verify their date of birth?

edit: 3) What law gives you preemptive authority over the sovereign property rights of the landowner where the party is held to dictate to them whom they can and cannot invite to their place of residence, for what purpose, and what food and beverages are to be served?

I am sure this was argued to death (and ignored) when the law was crafted. I just thought I'd mention it.

[tes151]

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?

I guess now you know if this ever happens again to tell them you don't have ID with you and give them a fake name and address.

[chrisjames_71]

Originally Posted by tes151

I guess now you know if this ever happens again to tell them you don't have ID with you and give them a fake name and address.

WOW.............

[fingers80002]

Originally Posted by chrisjames_71

WOW.............

Illegals do it all the time, why not a law abiding citizen?

[Steve in PA]

The judge is going to ask you;

Did you know there was alcohol at this party?

Did you know people under 21yoa were consuming alcohol?

You could play stupid, but everyone....including the judge has probably been in your situation and playing dumb by saying "no".....isn't going to cut it.

I've seen people under 21yoa get cited as you did. The judge will say you should have left the party when you found out about the alcohol. You could say you just got there to pick someone up and see how that works.

[tes151]

Originally Posted by fingers80002

Illegals do it all the time, why not a law abiding citizen?

What he said. I was just kidding though. I would never tell our future leaders of this great country to lie to a LEO. Even if they think it's ok to lie to us.

[chrisjames_71]

Originally Posted by Steve in PA

You could say you just got there to pick someone up and see how that works.

A buddy and I used this excuse in 89 (for the party I spoke of earlier). We were the only two who did not get cited (both of us were leaving for the military in a few months). He is now a trooper (Cpl and a patrol sup) and actually ran into the trooper from that night (who is now a captain). He remembered him, but the Captain didn't until he told him what HS he went to.


edit: I do NOT condone lying to the Judge..just saying...

[fingers80002]

Originally Posted by Steve in PA

The judge is going to ask you;

Did you know there was alcohol at this party?

Did you know people under 21yoa were consuming alcohol?

You could play stupid, but everyone....including the judge has probably been in your situation and playing dumb by saying "no".....isn't going to cut it.

I've seen people under 21yoa get cited as you did. The judge will say you should have left the party when you found out about the alcohol. You could say you just got there to pick someone up and see how that works.

Steve, you know I respect you,
but, just because he was under age, where alcohol was present, should not be reason for the charge. Had he been drinking, yes, not just his presence.

[Jup06]

Originally Posted by Steve in PA

The judge is going to ask you;

Did you know there was alcohol at this party?

Did you know people under 21yoa were consuming alcohol?

You could play stupid, but everyone....including the judge has probably been in your situation and playing dumb by saying "no".....isn't going to cut it.

I've seen people under 21yoa get cited as you did. The judge will say you should have left the party when you found out about the alcohol. You could say you just got there to pick someone up and see how that works.

What Steve and mickey01023 are saying here is the way I would approach this. In my experiences, District Justices are more than reasonable....shit...like they didn't drink as teenagers. The citation is not the problem. How this nonsense will affect your DL is whats important. Fight it tooth and nail. You don't need a lawyer, just tell the DJ what happened. While the cop might be an asshole....just tell the truth to the DJ, and be firm about it. Unless things have changed over the past decade...the judge is not out to ruin your life. It's a fuckin' summary charge. Be cool.

[Jup06]

Originally Posted by fingers80002

Steve, you know I respect you,
but, just because he was under age, where alcohol was present, should not be reason for the charge. Had he been drinking, yes, not just his presence.

Steve in PA didn't write the citation and I think it's kind of unfair to argue this with him. Shit, even if he had been drinking...so fucking what. If he wasn't causing any problems, only a douche would write him up.

Out in the real world, there are teens shooting at each other.