QUESTION

What is the likely outcome for me of a "disobeying" misdemeanor charge?

Asked on Aug 12th, 2013 on Criminal Law - New Hampshire
More details to this question:
I was arrested for "disobeying" because I turned around to avoid a DUI Checkpoint. I was not intoxicated, no sobriety test was performed, but I turned around because I did not want to take the time to go through it and I knew an alternate route. I entered a different road and saw that there were headlights behind me. I foolishly decided that if it was a cop I would just pull into a drive way and let him go by. I did so, it was an officer, and he followed into the driveway and then engaged his lights. I was not aware for sure that he was a police officer until then. Four more officers came, I got out and explained my actions to them, and was arrested for disobeying. I have not been arrested before, so the bondsman told me they would probably not be too hard on me. Also, I don't know if it is relevant, but at no point during the process was a read my rights. (Was not sure what 'Legal Topic this should be placed under)
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1 ANSWER

Workers Compensation Attorney serving Boston, MA at Pomykato & Pomykato
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While I do not know all facts of your case, and I cannot find a NH case on point regarding the avoidance of a DUI checkpoint, other states' courts have found that if the U-Turn is legally done police officers may not chase/stop you due to the U-turn.   I would argue that the stop was unlawful and no crime was committed as you were trying to avoid the long wait at a checkpoint.  You did not disobey an officer, only attempted to avoid the checkpoint itself, which are done at random solely to find drunk drivers. John C. Pomykato Pomykato & Pomykato (617) 423-0001 pomykatolaw.com
Answered on Aug 19th, 2013 at 11:51 AM

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