If you were given an underage while you were completely sober, is there anyway to fight the case?

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If you were given an underage while you were completely sober, is there anyway to fight the case?

I was written up for underage drinking while I was completely sober. I was in the party for under 5 minutes, and I was on my third designated driver trip of the night bringing everyone that was of age to the bar. The police recognized that I was sober, gave me a sobriety test, and let me drive home. I know the law in my state is association, but if they watched me walk in the house to get my friends, and recognized that I was completely sober, is there anyway for me to plead not guilty and win my case?

Asked on April 24, 2012 under Criminal Law, Pennsylvania

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The issue in this cases is not if you associated with drinkers, but whether or not at any point on this date were you in possession of alcohol. Minors are not to be in possession of alcohol, sober or not. So if you were never in possession of alcohol, then this matter is something you may want to address at trial.

 


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