Legal Question in Criminal Law in Pennsylvania

I have a legal issue I would like your advice on. My 18 year old son

was at a party at a friends house, he had just gotten there to pick up his

cousin when the police arrived. They gave him a breathalizer

and he blew a 0.00 the first time and a 0.01 the second. I have heard that

smoking can cause this increase. We went to court today and the judge is

advising people to preadjuticate but then he will lose his license for 3

months which he needs for college and work. The judge said that he is not

even looking at the readings, the fact that he was there makes him guilty.

Is this true, what should we do? We have 2 weeks to go back with a decision

of preadjudication or request a trial.


Asked on 12/08/09, 10:33 am

2 Answers from Attorneys
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

I believe you migth prevail at a trial if there are witnesses to show he arrived just before the police arrived, did not drink, and he did not prolong his visit...It sounds like he was defnitely at the wrong place at the wrong time....A real shame

Call me

My site is www.saulhsegan.com (I live in Montgomery county two turnpike exits away from Bensalem....

Call me--this is the kind of case that really arousess my ire.

215 732 4000

[email protected]

I am sorry you are going through this.

Saul

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Answered on 12/13/09, 8:56 am
Daniel Cevallos Cevallos & Wong, LLP

You should definitely talk to an attorney right away. This is a deplorable case that should be fought. Feel free to call me at my office, but he should not plead guilty, as he'll be in the system (so to speak) for the rest of his life. Give our offices a call, my direct line is 267.639.3105.

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Answered on 12/13/09, 10:30 am


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