First and foremost. Contact very experienced DUI lawyer asap. Do not offer more information on line. Only speak with your attorney. There may be more to this than you have stated on this site. Most attorneys on Avvo offer free first consultation, including me.
I detect an attempt at pro se and wanting an experienced lawyer to do your research. Take your problem to a lawyer ansd stop playing lawyer. You are headed for serious trouble if you pursue this by your self.
My colleagues have given you and your brother some good advice... stop talking to the police and this website and contact an experienced criminal defense lawyer who is familiar with the court and police in Abington. Unfortunately, what you have described happens all too often in the "war on drugs". I along with most of my colleagues on this site will provide a free consultation.
Mr. Pacillio is correct. But a great deal may depend on what county is involved, your probation officer and the terms and conditions of your probation/parole. Contact an experienced attoney in the county and discuss this with him/her.
Mr. Rubin has offered a detailed answer to your question especially the wording of the statute. I also, agree that he should plead NOT GUILTY. You should contact a local criminal defense attorney who is very familiar with the police department and the Court where the citation was issued.
First, respond to the citation and plead NOT GUILTY keeping a copy of the citation. Second, hire a lawyer from the area where you were stopped. (He/she will know the judge and probably the officer). Under no circumstances should you attempt to handle this yourself. Conviction could mean a suspension of your drivers license
From what you have said, the officer cited you for a 3111a violation (No points) rather than a speeding violation 55 in a 35 (4 points). Seems like you have already gotten the break. The legislature raised the fines/costs on the particular offense and I doubt the Judge can reduce it. You can be put on a payment schedule. My suggestion if your description is accurate and complete, go to the court, plead guilty and pay the fine, with a payment schedule if necessary. You have 10 days to...
I suggest that you contact an experienced Montgomery County DUI lawyer rather than try to represent yourself. The law remains the same just Court procedures have changed and you won't be able to google this information. Remember the old adage in the law. "He who represents himself, has a fool for a client".
The short answer is, "yes. They can charge your son". However, Iagree that based on the facts you have given, no charges should be filed against him. Always a good idea to have the name and number of an attorney ready if needed.