How to beat a underage case if alcohol was not ingested?

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How to beat a underage case if alcohol was not ingested?

I’m a 20 year old kid who was walking home after work really late. I was like 5 feet from my house and the cops were driving by and stopped me to see what I was doing. I had anabesol in my system because I had been getting a lot of tooth aches around the time of my citation. How do I beat this because I was actually not under the influence of alcohol. I blew a .04 and told the cops I had alcohol in my system but I was not drinking. I did not want to say any more to the cops because how would it have looked if I had told them I was taking medication instead?

Asked on June 20, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 10 years ago | Contributor

At a preliminary hearing, you'd have to show that you consumed a precribed medication that had an alcohol content. At 0.04%, that is unlikely to be believed. At the District Court, the preliminary hearing, you should ask the Judge to admit you to a Diversionary Program approved by the judge. You then may have to do community service hours or even classes, but you would not get a conviction for a summary offense, "Underage Drinking". You would also avoid the license suspension. Good luck.


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