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Legal question

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Gorilla.Steeze
Posts: 2215 - Karma: 43
So heres the story: I was at a party this past Thursday and got a ride home with one of our pledges when we get pulled over for making a right on red. Now there are 3 other people in the car not including myself or the driver, and the cop says that he "smells alcohol" so he requests to breathalize everyone in the car. The driver is sober and blows nothing while myself and two other people refuse the breathalizer because naturally we were drunk. One girl was convinced by the cop to do it and blew a .06. Now, the cop gives everyone besides the driver an underage drinking ticket and doesn't give the driver anything. So the question is should i plead not guilty and get a lawyer or do I even need a lawyer? This occurred in the great state of Pennsylvania btw so if anyone has any advice or experience with something similar please help me out!

Sparknotes: Pulled over in car. Sober driver. Cop is a dick. 3/4 ppl deny a breathalizer including me. Got an underage drinking ticket. What to do now?
Apr 8 2009 9:59PM
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Conker
Posts: 1379 - Karma: 6
im pretty sure becasue he smelled it he can make you take the breathalizer. i know if you were driving you would loose your license if you refused. basically the cops can do anything they want at any time. but pleading not guilty is not a bad idea.
Apr 8 2009 10:02PM
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Captain-T
Posts: 855 - Karma: 47
As long as he didnt breathilize you Im pretty sure you can fight that shit. Id fight it saying that the only drunk one was the broad and that she stunk up the joint. The rest of you were fine. I dont know if they can give you shit for "suspiction"
Apr 8 2009 10:02PM
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slevin_kelevra
Posts: 416 - Karma: 13
if a cop smells alcohol then he has probable cause to give you an underage.  But since the one girl blew and it said she had been drinking; you can probably get a lawyer and just say that the alcohol smell was coming from her.  I don't know, when you're underage and the cop smells alcohol you're kind of screwed.
Apr 8 2009 10:06PM
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Delphi
Posts: 3748 - Karma: 36
http://http://www.philadelphiacriminallawblog.com/tags/breathalyzer/

You do not have the right to refuse to take any test. Legally, the officer could hold you down and forcibly draw a blood sample from your veins. In practice this rarely happens except where an accident is involved which caused death or serious bodily injury. Instead, if you refuse to take a test, your driver's license is automatically suspended for one year. Also, in your trial, the jury will be told that you refused to take the test and the judge will instruct the jury that they can consider your refusal as evidence of your guilt.

^ that is from herehttp://http://www.padrunkdrivinglawyer.com/faqs.cfm and that includes breathalyzer.
Apr 8 2009 10:07PM
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soulskier
Posts: 17805 - Karma: 3,821
in michigan, refusing a breathalyzer is essentially admitting to being under the influence
not sure how it works out in PA though, good luck
Apr 8 2009 10:09PM
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Delphi
Posts: 3748 - Karma: 36
say again, in PA you DON'T have the right to refuse any test. You put yourself in a terrible position, get over it.
Apr 8 2009 10:12PM
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Conker
Posts: 1379 - Karma: 6
this is not correct. you have the right to refuse to take a breathalizer
Apr 8 2009 10:14PM
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Delphi
Posts: 3748 - Karma: 36
in Pennsylvania you do not
Apr 8 2009 10:18PM
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Gorilla.Steeze
Posts: 2215 - Karma: 43
I'm not so sure about that. My friend got in trouble a while ago for something similar and if I recall correctly he told me that his lawyer said that it is always a bad decision to take the breathalizer. Thats the main reason why I refused in the first place but who knows.
Apr 8 2009 10:23PM
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Gorilla.Steeze
Posts: 2215 - Karma: 43
and the link that you supplied deals with DUI's and forcing the DRIVER to take a breathalizer/blood test; it says nothing about passengers
Apr 8 2009 10:25PM
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ryanwar6
Posts: 1134 - Karma: 114
If you are not driving and are under the age of 21, you do not need to consent to a breathalyzer.

That being said, whether you think you can do it yourself or not, GET A LAWYER! It may cost you a bit more now, but it will save you so much headache down the road. Do yourself a huge favor and just go talk to an attorney and see what he thinks... again, it may cost you $100-$200 now, but it will be well worth it when you have been cleared of this mess.
Apr 8 2009 10:28PM
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soulskier
Posts: 17805 - Karma: 3,821
http://www.totaldui.com/lawyers/default.aspx

it says its a free case evaluation, i dont know if there are any catches
Apr 8 2009 10:43PM
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skia4life91
Posts: 657 - Karma: 379
f the police
Apr 8 2009 10:46PM
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sstricky
Posts: 1876 - Karma: 111
YEAAA DOGGG!
Apr 8 2009 11:09PM
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rhcp
Posts: 2598 - Karma: 18
I worked at a law firm over the summer, and if it only costs $100-$200 something is wrong.  As an assistant my hourly rate for working directly with customers was $80 (I did not set it myself).
Apr 8 2009 11:12PM
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ryanwar6
Posts: 1134 - Karma: 114
That was for simply getting an initial opinion. It depends on the lawyer also, they can range anywhere from $100-$350 an hour, but the upper end of that range is for insanely well-known or insanely overpriced lawyers.
Apr 8 2009 11:17PM
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Gorilla.Steeze
Posts: 2215 - Karma: 43
Update, not that anyone cares but for your general knowledge.

I consulted multiple law firms in the area about my case and got the same response from all. They said that while according to Pennsylvania law, a passenger DOES NOT
Apr 14 2009 10:27PM
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Alex=God
Posts: 2422 - Karma: 139
In North Carolina if you refuse a breathalizyer anywhere you automatically lose your licsence for a year
Apr 14 2009 10:34PM
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Gorilla.Steeze
Posts: 2215 - Karma: 43
Update, not that anyone cares but for your general knowledge.

I consulted multiple law firms in the area about my case and got the same response from all. They said that while according to Pennsylvania law, a passenger DOES NOT have to consent to a breathalyzer and CAN NOT be convicted on the basis of simply suspicion. They said that what the cop did was complete bullshit and ridiculous. HOWEVER, they all said that it would be a waste of my time and theirs for me to seek representation due to the fact that the cops and the courts are in cahoots and fuck over everyone single college kid that goes through there. The lawyers said that they have seen my scenario dozens of times and almost every time the defendant was found guilty which meant that it will forever be on their permanent record. Now I have to do ~32 hours of service pay a $150 fine and attend a 12 hour alcohol class but it won't stay on my record. I love how they fuck you over for having the initiative to get a sober driver. Btw I am 20 and 10 months of age; by the time I'm done with this I will already be of age to drink....So if you live in Delaware County, specifically Radnor township, GTFO, ASAP.
Apr 14 2009 10:35PM
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