QUESTION

Public drunkenness citation. Cop told me it will be thrown out Bc I spent the night in the tank. Do I plead not guilty in order for it to be trashed?

Asked on Jul 29th, 2020 on Alcoholic Beverages - Pennsylvania
More details to this question:
Head on crash happened in front of us, while I was drinking a beer, all parties in one vehicle ran from vehicle. I was a medic in the army. I went, turned off the running car, that held the ppl that ran, and was talking to the cop, calmly...until someone yelled I was the driver, that’s how I knew so much. So I got angry, and started yelling. Cop gave me a public drunkenness. Not from the area, was at my girlfriend’s house. Don’t know her actual address or phone number, hence Why I’m had to stay the night.
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1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
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If you wish to challenge the citation, or negotiate a better outcome, you need to plead not guilty.  It sounds like the officer was willing to work with you on a better outcome so get your not guilty plea entered.  The court will scheduled a hearing.  That is when you can argue for dismissal or ask the officer to agree to withdraw it.  As a matter of policy I always say to consult with a local attorney.  The reason I say this is that they will know the local policies.  They will also know the officer and judge involved.  Sometimes knowing the battlefield can be important rather than going in blind and relying on others.  
Answered on Aug 03rd, 2020 at 7:15 AM

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