Anydefense for a citation under PA section 6308: Minor ‘knowingly and intentionally” transporting alcohol?

18 year old daughter / my car /she gave permission to another minor to drive/ he obtained and put case of beer in trunk. No open containers, no drinking. Pulled over for speeding (74in 65). My daughter gave permission to state police to search.

Asked on June 9, 2009 under Criminal Law, Pennsylvania

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since it must be proven that your daughter "knowingly and intentionally" transported the alcohol, a defense would be to prove that she did not know that the other minor had put a case of beer in the trunk of the car and thus could not have the intent required to be guilty under Section 6308.

It could be in your daughter's favor that she willingly gave the police permission to search the car, implying that she had no idea that the case of beer was in the trunk.


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