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  1. #1

    Default Public Intoxication and Underage Drinking Violation in Pennsylvania

    I'm a 20 year old male, and while walking to a parking lot where my car was parked at 4:30am after drinking (no intention to drive only retrieve a $4000 laptop sitting on the passengers seat). I cut through a couple of yards to 1) shorten the distance as I had been drinking, and 2) to avoid walking on the streets to avoid a police encounter. As I a came out from between the two houses I saw my car about 50 yards away when a bright light hit me directly in the face. I reacted immediately by turning and walking back the way I came (I assumed a neighbor was up at 4:30 and maybe saw me cutting across his yard). I continued walking when out of nowhere a uniformed police officer appeared around a corner in front of me, immediately grabbed my by the back of the neck, and pushed me to his cruiser waiting on the street, after being frisked, and verbal abused and insulted by the officer, he asked me how much I had to drink (as I probably smelled of alcohol and he claimed in the 2-3 seconds he had a light on me that I "staggered"). I regret now that I was a bit short with the officer, both because I had been drinking, and he was ignorant and disrespectful to me. He asked where I had been drinking, I responded with "A house down a road". This was the truth, while I know he wanted me to lead him directly to my other friends, I was not going to bring my misfortune down on them. He took my response as me being disrespectful and put me in the back of the cruiser. He called in my liscense and gave me a breathilizer which I blew a .22 if I remember correctly. Understand I AM a college student so this was not the first time I had drank and walked down a street before, so I highly doubt I was "staggering" which he used as cause to detain me. From there he asked for my parents number because its the summer time and that is my place of residence. He drove me home, and the ticket came through the mail. I am facing Public intoxication and underage consumption, no possession.

    I have had one underage prior about 1 1/2 to 2 years ago, which I went to court and had it dismissed on grounds that the liscense suspension would restrict me from attending university classes, and the arresting officer talked to the judge to give me a break. That underage was given in a complete different county and police department, but the same state (PA). I regret even more being short or as the officer put it "arrogant", as in the end having an officer on your side is a HUGE factor. I did appologize on the drive to my house to the officer, and reasoned that I had been drinking and his verbal instigation put me on the defensive (not to mentioned being pushed by the back of the neck to the cruiser, and over the hood. Understand besides a couple of verbal remarks I was completely competant and cooperative.

    I was trying to tally up what cost/punishment I may be facing, as well as looking into a lawyer to possibly get the charges reduced, or best case scenario by being dismissed.

    My questions are: What total maximum penalties do I face? How do my chances look for getting them reduced and/or dismissed if I consult a lawyer? and are their any types of alcohol/community service projects I could attend to maybe ease the penalties?


    Any help is greatly appreciated.

  2. #2
    Join Date
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    Default Re: Public Intoxication and Underage Drinking Violation in Pennsylvania

    Penalties for Indiana alcohol offenses are summarized here.

    If you weren't staggering with a .22 BAC, you have a level of alcohol tolerance I have only seen in alcoholics. A typical person will show staggering and swaying starting around .15, with significant sedation as they approach .25. By the same token, I've spoken with a lot of people stopped for drunk driving who didn't have clear memory of what happened and were insistent that they seemed completely sober but, upon review of a police report, remembered that they in fact were obviously intoxicated.

    I would assume at this juncture (unless you consult a criminal defense lawyer and are assured otherwise) that the prosecutor will learn of the prior incident. I would thus urge you to consider going to your college's counseling service to be screened for alcoholism, and to start attending AA (and keeping an attendance card). Anything to show the court that you are serious about a possible alcohol problem, whether or not you think you have one. If the counselor decides you do not and is willing to communicate that opinion to the court or probation department, all the better.

  3. #3

    Default Re: Public Intoxication and Underage Drinking Violation in Pennsylvania

    Quick follow-up for anyone who has found themselves in the same situation:

    I hired a lawyer to help resolve the situation, but the judge or district magistrate (not sure which is the proper title) found after my lawyer talked to him that community service and alcohol classes weren't enough. My lawyer then called my arresting officer, who also wasn't in a forgiving mood and gave the same answer. I'm pretty sure that my previous violation even though dismissed in court came to be a factor. I plead guilty and paid the fine, I haven't had to surrender my license yet, but I'm guessing something will arrive in the mail. I'm expecting a 1 year suspension of my license. You win some, you lose some.

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