Can I win a court case against my underage drinking citation? (Pennsylvania)

Asked about 1 year ago - Altoona, PA

Student at Penn State Altoona (off campus resident)
Cited by a campus police officer while off campus as a passenger in a vehicle pulled over by an officer of Altoona Police Department
There was no alcohol present on the scene or in the car
I was breathalyzed but not shown the results nor was it written down on my citation
I admitted to drinking but what was written down on the citation was as follows "The defendant, being less thank 21 years of age did consume two(2) cans of Hamm's 16oz beers."
the alcohol written down does not exist

Attorney answers (5)

  1. Thomas J. Wagner

    Contributor Level 19

    13

    Lawyers agree

    Answered . You might be able to win the case. It depends on what the breath the showed, if admissible, and exactly what you said about drinking and whether the odor of an alcoholic beverage was on your breath. Your chances of winning or at least avoiding a license suspension that goes along with a conviction are increased dramatically if you hire a seasoned criminal defense attorney

  2. David Bruce Mueller

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . Only an attorney with knowledge of your specific facts can advise you on the likelihood that any defense has of success. However, even if the facts are not good for you, an attorney will be able to help you determine whether you have options to get out of the case without a conviction and/or a license suspension. You should mail in a plea of not guilty and consult with a local defense attorney as soon as possible.

    This answer is provided is for informational purposes only. It is intended to provide general information and does... more
  3. Lidia L. Alperovich

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You need an attorney to represent you in this case

  4. Matthew Michael McClenahen

    Pro

    Contributor Level 6

    8

    Lawyers agree

    Answered . I would need more information to ascertain your chances at winning at trial, but I can tell you that you would need a criminal defense attorney to have a realistic chance of winning. Breathalyzer tests are not admissible in court, but your confession normally would be. Hamm's Beer does exist. It used to be an independent brewery, but is now owned by MillerCoors.

  5. John M O'Brien

    Pro

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . You should get a local DUI attorney right away.

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