I got an underage at 12:30 p.m because I tried to take a cookie from Sheetz and got caught. I gave it back and was charged with theft but the officer said he could smell alcohol on me. I told him I was visiting my friend at Slippery Rock and that I was from Allegheny College and that I did not have a drink since 5 p.m. and the reason he could smell it was because there was some spilled on me because everyone was playing a game. He made me stand up and watch his finger as he went from side to side and I did not move my head or blink. I did not slur any words and that was not indicated on the citation. He said my eyes were blood shot but they always are and I could prove that if I went to court. He did not use a Breathalyzer on me and I had to walk home when he was done writing me up.
Underage drinking is not contingent on your blood alcohol content, so the failure of the police to administer a breathalyzer will not matter. However, there are other issues that you should discuss with an attorney that may assist you in fighting this charge. Many lawyers, including my firm, offer free consultations and I highly recommend that you contact someone. The following is a link to my website which discusses underage drinking charges in greater detail. There is also a link to an application for a PA "bread and butter license" that will allow you to drive to work and school in the event you receive a license suspension. http://www.fuchelandsinatra.com/Criminal-Defens...
I agree with Mr. Keller. You want to stop posting facts about this online and talk with a local lawyer about it as soon as possible. This sounds like a case where, with the help of a lawyer, you can get a favorable result. They do not have to follow certain steps to obtain a conviction, they do have to prove you guilty, though.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
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