Drinking Citation Luzerne county, need a lawyer

[bigbear]

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.

I seem to remember something on this site about not encouraging someone to break the law? Was I wrong? This is, by far, the dumbest idea I've ever heard on here.

Yeah, let's go from a summary offense to a misdemeanor. That's a GREAT idea.

ETA: Just saw that you were joking. Wow.....

[fingers80002]

Yep, thats correct. Thats the way the law was written and as Steve (and I said earlier, but no one believed) pointed out, you do NOT even have to be drinking, just have to be present. As I said before, good luck.

I'm kinda surprised that no one except Steve and I knew about this law. Its been around since 88 and got ALOT of air time on the news and such. Kids have been getting busted on a weekly basis for it. Especially around Prom time, you can read about a party or two getting busted. And the stories always say how all the kids were charged and then kicked off sports teams.
I don't see this law ever going away either.

I left Pa. in '85, didn't return till '05.

[Feddog82]

When I was 17yrs old I was at an all night party. I stayed there overnight and left to go to work in the morning. On the way to work I got into an accident (old lady rear ended me). The officer that responded smelled alcohol on my breath and asked if I had been drinking. I told him that I had the previous night but had slept it off and was now on my way to work. So he gave me a breath test and I blew a .005 at which point the officer said, "This thing mus be broken." So he tested me again with the same result. Then he proceded to arrest me for DUI. When at the police station I was given another breath test with a different machine. At that time I blew a .003 and the officer still charged me with a DUI b/c he said PA has a "zero tolerance" for underage drivers. However I knew that the "zero tolerance" law stated that the underage driver had to have a BAC of at least .02 or greater. So I got a lawyer and went to court. Plead not guilty and presented the evidence to the judge. The charges were dropped and I went home with nothing on my record. That's my story of beating a DUI charge in a PA court. This was 10years ago now so laws may have changed. Not quite the same situation but if I can win in court after I actually had been drinking you can win in court if you were not drinking.

[Wild Bill Klinton]

Yep, thats correct. Thats the way the law was written and as Steve (and I said earlier, but no one believed) pointed out, you do NOT even have to be drinking, just have to be present. As I said before, good luck.

I'm kinda surprised that no one except Steve and I knew about this law. Its been around since 88 and got ALOT of air time on the news and such. Kids have been getting busted on a weekly basis for it. Especially around Prom time, you can read about a party or two getting busted. And the stories always say how all the kids were charged and then kicked off sports teams.
I don't see this law ever going away either.

It's been around longer than that(1988).

[tes151]

I seem to remember something on this site about not encouraging someone to break the law? Was I wrong? This is, by far, the dumbest idea I've ever heard on here.

Yeah, let's go from a summary offense to a misdemeanor. That's a GREAT idea.

ETA: Just saw that you were joking. Wow.....

Although I don't believe lying to a cop is illegal, yes I was just kidding. It's not the best way to go about things, as they usually come back to haunt you.

[chrisjames_71]

It's been around longer than that(1988).

Really, could've sworn it was enacted in 88.. So when was it enacted then? 86 or 87??

[Steve in PA]

How many adults or minors does it take? If there's an adult BBQ where minors are present, and one minor goes over and grabs a beer out of the cooler, are all of the other minors then chargeable with the offense? Are all of the other minors at the BBQ, who are there in the custodianship of their parents, supposed to just leave? Are their parents supposed to just leave, just because one kid got into the beer?

I dunno, I fail to see how it's even remotely constitutional to charge someone with a crime that someone else is committing. If I'm 18 and at a party, and some of the other underage people there are drinking, I do not see how it is magically incumbent upon me to do something about it. I am not an LEO. I have no powers to enforce the law. I cannot legally ask other partygoers to prove to me how old they are. I cannot take possession of their ID upon demand. I cannot force them not to drink. I can't do any of that, but the State is still requiring me to "do something" about it.

What if I have no transportation of my own? What if I am a minor female, and it's after dark, in Norristown, and it would be unsafe for me to leave?

This law is just BS, plain and simple. If you want to stop underage drinking, this is a stupid way to go about it.

You can pick apart a scenario in a number of different ways. It wasn't one minor, it was several. If there are adults present it is up to them to watch who is drinking, which is why if at an underage party, there is someone 21yoa or older, they can be charged with a several crimes.

Like I said, your not going to BS a judge into thinking you had no idea there was underage drinking going on. No, you don't have to ask for ID, but sticking around where the law is being broken can cause you to get jammed up.

The alcohol would be just like drugs. If the party was busted and drugs were found, everyone could get charged.

[musclebound]

Well do you think they'll give me a break? Doesn't seem fair that I get the same punishment for being there as the guys who blew high numbers in the breathalyzer.

There were several people there over 21, it was a college party. Owner of the house is underage and as far as I know they never found him that night and he wasn't cited or arrested or anything.

[cgbudde]

Well do you think they'll give me a break? Doesn't seem fair that I get the same punishment for being there as the guys who blew high numbers in the breathalyzer.

There were several people there over 21, it was a college party. Owner of the house is underage and as far as I know they never found him that night and he wasn't cited or arrested or anything.

If you have to appear before the local magistrate then yes he might give you a break. Just remember if you do go before the magistrate be very careful how you speak to him. I have seen Zola give people breaks but once someone acts like an ahole getting loud or telling him this summons was a joke, then he can and will make you pay dearly.

By the way who was the officer. If you do not want to tell everyone that is ok PM me.

[bigbear]

Although I don't believe lying to a cop is illegal, yes I was just kidding. It's not the best way to go about things, as they usually come back to haunt you.

Just for your general information:

Title 18 Section 4914, False Identification to Law Enforcement Authorities.

§ 4914. False identification to law enforcement authorities.
(a) Offense defined.--A person commits an offense if he
furnishes law enforcement authorities with false information
about his identity after being informed by a law enforcement
officer who is in uniform or who has identified himself as a law
enforcement officer that the person is the subject of an
official investigation of a violation of law.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree.
(Dec. 20, 2000, P.L.972, No.133, eff. 60 days)

So your "joke" was not the best idea in the world.