How to beat an underage citation if they never took my license?

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How to beat an underage citation if they never took my license?

I was at a party that got busted. Basically the police breathalyzed everyone and that was that but the only licenses they looked at were people 21+. Also, there was a pregnant girl there and they told her she blew a .04; she demanded to be breathalyzed again because she wasn’t even drinking. The cops agreed and admitted they made a mistake. Is there anything I can do to fight this, whether it be saying I was never there in the first place or that their breathalyzer wasn’t calibrated correctly?

Asked on August 11, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

Remember, you only have to blow a 0.02%  or more, because you are a minor. No attorney is going to advise you to lie and say you weren't there. What you should do is ask the District Court Judge to sentence you to the diversionay program. The "Underage drinking" statute has a diversionary program for first time offenders. The advantage of the diversionary program is that there is no guiltty disposition and thus no criminal record. Secondly, ther is no (!) license suspension. Typically, the diversionary program includes community service hours and/or classes.


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