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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27373
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son and friend were walking home from a college party off

Resolved Question:

My son and friend were walking home from a college party off campus in Pennsylvania and were stopped by local police. They were breathalyzed and my son blew a .101. The police gave the boys a minor in consumption citation, then drove them home.

It is a first offense. What can we expect in court? Is he likely to be convicted because of the breathalyzer test?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

What do you mean by "what can we expect in court"?

Customer: Is he likely to be convicted?
Customer: Given the circumstances, how harsh a penalty is likely?
Dwayne B. :

Yes, unless you get a lawyer to try and get the breathalyzer result suppressed. If they sued a portable unit they are not terribly accurate and have to be calibrated regularly.

Dwayne B. :

The MIP charge is a relatively minor one and the possible punishment is a fine not exceed $300, jail sentence not exceeding 90 days and license suspension for 90 days.

Dwayne B. :

However, it is rare anyone goes to jail for a first MIP charge.

Dwayne B. :

The only time I have heard of it was when the young man came into court, had been drinking, and was obnoxious to the judge.

Dwayne B. :

Are you there?

Dwayne B. :

I'll exit to assist others. If you want to discuss this real time just post a response and wait here in chat and I should be with you in a few minutes. I am likely helping someone else and as soon as I wrap up with them I'll enter your chat.

Customer: Yes. We were hoping there might be leniency with a first time offense.
Dwayne B. :

They will likely give him probation and the fine and then have him do some community service.

Dwayne B. :

This isn't the type of case that is likely to have employment ramifications in the future.

Dwayne B. :

However, what he may want to do if he isn't going to hire a lawyer is ask them if he can get a pretrial diversion or a deferred adjudication which will keep the conviction from being on his permanent record.

Dwayne B. :

It would be easier for him to get if he had a lawyer but he may be able to get it without one.

Customer: Thank you. We are hiring a lawyer.
Dwayne B. :

He'll be fine then. He'll walk out with no more than a light slap on the wrist.

Dwayne B. :

Just tell him to be polite and acknowledge wrongdoing at the appropriate time and he will get a very lenient sentence.

Dwayne B. :

Best wishes to him (and you) on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

If you have additional questions please feel free to ask them in this thread.

Dwayne B. :

Once you issue your Positive Rating then the question will no longer time out so if you need to come back to it in the future you will be able to do so.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27373
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Dwayne B.
Dwayne B.
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Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.