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Defense for Underage Drinking (6308) in Philadelphia Pa

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  • 10-18-2011, 06:19 PM
    rabolo76
    Defense for Underage Drinking (6308) in Philadelphia Pa
    My question involves criminal law for the state of: Pennsylvania
    Me, and a large number of other college students were caught-up in a police sweep at Wachovia stadium for underage alcohol possession/consumption at tailgate parties before a game . An officer supposedly told one of the students that they expected to write between 50 to 100 citations that afternoon.
    Plainclothes police drove up and down the parking lot in an unmarked car while flashing the Villanova "V' for victory sign as students cheered back in response. Then, after they passed-by, the plainclothes police jumped out of the car and returned to question suspects and write citations.
    In my case, the police did not identify themselves before they began to question everyone. There were six people in the group, all under 21, and there was a cooler with beer and bottle of wine in the open trunk of the car. I did not have a cup in my hand when they passed, and had not been drinking, but there was a cup with beer in it on the floor next to me. When the officer told me she was going to receive a citation, I said I had not been drinking and requested that the officers administer a breath test. But the officer replied that "they were not doing that".
    The police then also asked the girls to open their bags, and while rummaging through my bag, found the drivers license of another girl who was not there, which they confiscated.
    The citations everyone received for underage possession/consumption were pre-filled with dates and times for court appearances.
    Is there anything in what happened that would form the basis of a defense for the charges against me?
  • 10-18-2011, 06:54 PM
    jk
    Re: Defense for Underage Drinking (6308) in Philadelphia Pa
    Quote:

    Quoting rabolo76
    View Post
    Is there anything in what happened that would form the basis of a defense for the charges against me?


    You can always face a judge and argue you had not been in possession of alcohol but the fact a glass was next to you puts you in constructive possession of the glass.

    So, whose glass of whatever was it?
  • 10-18-2011, 07:53 PM
    cyjeff
    Re: Defense for Underage Drinking (6308) in Philadelphia Pa
    And the possession of another person's driver's license (may we assume this person is of legal age to drink) will not help your case.
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