Drinking Citation Luzerne county, need a lawyer

[musclebound]

Update August 6 2009

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!!!!




Original post below
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?

[son of the revolution]

Thats a hoot , no breathalizer reading or blood test , so wheres their evidence ?? This should be tossed out in about 10 seconds ! Frankly it never should have been filed . I understand and agree with you about talking to an attorney , but to be honest , if what your saying is an accurate account of what went down , you might just need to brush up on the laws and rules of the Court and have a sit down with the Chief or Prosecutor and highlight the fact they dont have any evidence to substantiate the charge !

What about Statute of Limitations ?? Theres GOT to be something in the law that provides a time limit for them to file the charge against you , and it wouldnt seem to me they did so at first blush . The only charges Im aware of that have NO Statute Of Limitations are rape and murder .

[musclebound]

Oh I'm sorry i meant a party in May not march.

Also, on the citation it doesn't list an amount for the fine.

[reverserboy]

After the cop tells his side you can question him. Ask him stuff he likely can't answer.

"How many people were present"?? "Are you sure it was me"?? "Could you have have mistakenly cited the wrong person"??..meaning you.. will raise question (DOUBT) that he even cited the right person.

"Did you see me drinking"?? "Was I holding a container"?? "Did you BAC test anyone"?? "Did you test me"?? "Why not"??

If the cop starts stumbling over his answers,answering inconclusively or contradicts himself...you will have a good shot at beating this.

I beat a DC ciatation by doing this years ago in Scranton in front of Robert Russel in South Side. He threw it out because the cop kept answering..."I'm not sure"...."I can't remember"....."I don't know".....ect.

Now...if you lose...your driver's license will be suspended...right?? You may want to talk to a real lawyer.

[reverserboy]

Also, on the citation it doesn't list an amount for the fine.

I believe the DJ decides the amount of the fine,up to the max allowed by law. I don't know what the max is for underage drinking. Your 1st concern should be losing your driver's license,not the amount of the fine.

[cgbudde]

STFU and get a lawyer. I would check out Munley Munley and Cartright, I believe they are located in Wilkes-barre or Plains. I have not used them but I heard they were good.

You may also want to check out Barry Diller in Wilkes-Barre @829-4860. He usually deals with civil rights violations but his wife maybe able to handle your case, both of them are very good. Barry has sued police depts and towns very sucessfully.

[chrisjames_71]

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?

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

[chrisjames_71]

Originally Posted by son of the revolution

Thats a hoot , no breathalizer reading or blood test , so wheres their evidence ?? This should be tossed out in about 10 seconds ! Frankly it never should have been filed . I understand and agree with you about talking to an attorney , but to be honest , if what your saying is an accurate account of what went down , you might just need to brush up on the laws and rules of the Court and have a sit down with the Chief or Prosecutor and highlight the fact they dont have any evidence to substantiate the charge !

What about Statute of Limitations ?? Theres GOT to be something in the law that provides a time limit for them to file the charge against you , and it wouldnt seem to me they did so at first blush . The only charges Im aware of that have NO Statute Of Limitations are rape and murder .

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.

[fingers80002]

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.

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.

[son of the revolution]

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.

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 .