Legal Question in DUI Law in Pennsylvania

So this is really important as it can lead to my expulsion from college. I am an 18 currently living in the dorms and one idiotic day me and my roomate were smoking. The cop came to my door with an RA and asked if we were smoking, to which it was obvious and we admitted, they then scared us into signing a consent form. They found a half empty bottle of vodka, but we were not drinking, as it was 3 in the afternoon (it was from a previous night). I just got my summons in the mail today, and it says nothing about the smoking or anything just stating how they found a bottle and we admitted to it. My main question is this: can they bring up the fact they wanted to search the room because we were smoking in court if it is not present on the summons form itself? Thanks alot guys! Could really help!

Asked on 1/03/11, 9:44 am

2 Answers from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

Yes, they will still be able to note why they wanted to search the room, even though they didn't specify the smoking on the summons. The search in this case sounds valid since you gave consent. I would suggest that you consult with an attorney prior to pleading to this ticket. If you are in central or eastern pa, feel free to call me so we can discuss this further. I offer free phone consultations.

Justin C. Gearty Jr


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DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.

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Answered on 1/08/11, 10:22 am

You DEFINITELY need a lawyer experienced in these matters.

I cover the Eastern half of Pennsylvania from Berks, Monroe, Carbon, Lehigh, NorthamptoneMontgomery Bucks Chester, Delaware Counties and of course Philadel[phia

Call me (free) 215 732-4000

Don;t play with this.

Kind regards,


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Answered on 1/08/11, 11:15 am

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