My son who is 16 got pulled over because the police said he was weaving. He breathalyzed him and he blew a .145, he passed the field sobrity tests but still blew over the limit. He did not go to the station to be re-tested he was just released to us from the side of the road. The police have told me that they have obtained 3 petitions from juvenile intake and they are possesion of alcohol by a minor, wreckless driving, and being out after curfew (it was after 1 in the morning when he got pulled over) As he did not posses alcohol can he be charged with that? and also is the breathalyzer valid in court as it was not confirmed?
2 Answers from Attorneys
Your son is lucky that he was not charged with driving under the influence as a minor. The consequences are severe. They do not have to have a bottle of alcohol to prove possession by a minor. Simply smelling like alcohol or the PBT combined with behavior and appearance can be sufficient. The breathalyzer can be presented so long as it is done properly. This is a very serious case, please consider consulting an attorney.
I am not clear whether you are speaking to the breathalyzer on the road (PBT) or the one at a station. It appears he did not go to station. He may be able to beat the charge if it was just the PBT. He should hire good attorney. Sheryl Shane, Attorney at Law. Tel. 703 503 4448.
Web: www.sherylshanelaw.com.
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