Anydefense for a citation under PA section 6308: Minor ‘knowingly and intentionally” transporting alcohol?

UPDATED: Jun 9, 2009

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Anydefense for a citation under PA section 6308: Minor ‘knowingly and intentionally” transporting alcohol?

18 year old daughter / my car /she gave permission to another minor to drive/ he obtained and put case of beer in trunk. No open containers, no drinking. Pulled over for speeding (74in 65). My daughter gave permission to state police to search.

Asked on June 9, 2009 under Criminal Law, Pennsylvania


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Since it must be proven that your daughter "knowingly and intentionally" transported the alcohol, a defense would be to prove that she did not know that the other minor had put a case of beer in the trunk of the car and thus could not have the intent required to be guilty under Section 6308.

It could be in your daughter's favor that she willingly gave the police permission to search the car, implying that she had no idea that the case of beer was in the trunk.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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