Underage Transportation and Possession in PA--1st offense, Help?
I was at a concert and received an underage summary/citation for possession and transportation. I was tailgating at the concert when the police pulled up and cited me since it was my car and there was an open bottle in it. I was not drinking and told him so. He smelled my breath and said I was fine. When he called home, he told my parents that I was not intoxicated. This is my first offense and I am a good student-- I had a 4.2 in high school. Lawyers want 1250.00 and that is too much. Can I get a public defender even though it is just a citation, and do I even need a lawyer for this? What consequences am facing and what should I do from here? Thanks
Answers:
dont sweat it to much. That happened to my sister. She didnt get a lawyer and had to attend some alcohol awareness bullcrap course and pay like a hundred dollar fine. That was in the parking lot of the spectrum at a Jerry Garcia concert. They are pretty strict in Pa but the consequences arent that bad. Isnt it ridiculous that as an American you can die in Iraq but you cant drink a beer?
Tell the judge exactly what you said here, make sure, YOU speak to the JUDGE, let the public pretender do the paper work. Do not except probation. Do not let them talk you into accepting probation. If they offer you anything other than a small fine, don't accept it. That's just a way they make money.
Most of all, if your under 18, you could give the cop the finger in court, and none of this **** will show on your adult record.
I don't think the Public Defender will take a summary offense case. In PA you don't have to be drunk or even drinking to receive a citation for possession and transportation...you just have to have it in your car so you are in a bind. If you plead guilty you will just pay a fine and be one your way. If you want to fight it then you should take a hearing but it won't be an easy battle. However, there is a slim chance that the officer may not show up.
This is what I would do (If you didn't admit to anything at the scene). If there was only one bottle in the car (and hopefully in the back seat) then I would ask the officer in court if he performed a breathalyzer test. When he says no then I would ask "Did you smell alcohol on my person?" If he says no again then I would say "Since I came from a concert, is it possible that the beer bottle was placed in my vehicle without my knowledge?" If he says no then reply "How can you be sure it wasn't?" Basically, he can't.
If he didn't smell the beer bottle ask him "Did you verify that the bottle contained beer, and not something else like water or urine?" If he says no then ask the judge to please dismiss the case on the grounds that the officer cannot prove a crime existed.
Good luck and don't drink and drive and next time.wait til your 21.
PS- Don't flip off the officer in court. Since you are 18 sometimes criminal summary offenses do show up on PA arrest records.
check with your local defenders department and your city they should be able to help you
Take my advice an spend the money.You will have wished you did in the long run.
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