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

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

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Attorney answers 5

Posted

You need an attorney to represent you in this case

Asker

Posted

Understood, but does my case seem winnable if one is aquired?

Asker

Posted

acquired*

Posted

You should get a local DUI attorney right away.

Posted

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

Asker

Posted

If there was no BAC recorded on my citation, is the fact that they smelled alcohol on my breath enough to prove me guilty?

Thomas J. Wagner

Thomas J. Wagner

Posted

Together with your admission it probably is. That doesn't necessarily mean you will be found guilty though. It just means there is enough evidence that a judge could find you guilty. Also just because the officer didn't put the BAC on the citation doesn't mean he can't introduce evidence of the BAC if it is admissible. This kind of charge will be heard by the Magisterial District Judge in the first instance and his or her decision can be appealed to the Court of Common Pleas for an automatic ne trial there.

Posted

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 not create an attorney-client relationship with me or my law office. Nothing here should be relied upon as legal advice, and only an attorney with knowledge of your specific case can give you advice as to how the law applies. Nothing in this response creates an attorney-client relationship and therefore these communications cannot be treated as privileged or confidential.

Posted

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.