QUESTION

I was arrested for transportation of alcohol by a minor (I am 20), but was the arrest legal?

Asked on Sep 16th, 2012 on DUI/DWI - Michigan
More details to this question:
I (20) was driving a car with 4 other individuals (each 21 or 22), when we were pulled over at 11:30am on the highway. Walking up to the car, the officer saw three 6packs of beer in the back of the car (it is a hatchback, so the alcohol was in the equivalent of the trunk). After asking for license and registration and then asking my age, the officer asked for the ages of everyone in the car (again all over 21). All of us are from out of state and had no idea the NH law forbade me from driving with the alcohol in the car. We assumed that since they were 21, it would be clear the alcohol was theirs (also, I had absolutely nothing to drink, while others in the vehicle had, so I opted to drive as DD). I was subsequently arrested, the alcohol seized, and the car impounded. Are there any grounds for dismissal? Additionally, at no point during the arrest did the officer tell me why we were pulled over in the first place and no ticket or fine represented a reason for being pulled over (Grounds for dismissal on the basis of no probable cause?). I was not read my rights. I was in handcuffs before I was told what I was under arrest for. The other passengers in the car were detained in a police vehicle (although not put in handcuffs) and refused access to a restroom (false imprisonment?). The one additional detail is that a backseat passenger was charged with an open container violation (although it was clearly out of my reach, and my arrest and fines do not reflect the open container violation). Is there any opportunity for me to have the case dismissed and if not are there diversion programs available that can keep the arrest off of my record and hidden from background checks?
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3 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Your arrest is already part of your record. Any conviction or plea will become part as well. There is no such thing as an ?illegal? arrest. Whether you can be successfully charged or convicted is a different question. Focus on defending the charges. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression, search and seizure, or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 21st, 2012 at 11:43 AM

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Michael J. Breczinski
I would get a NH attorney and fight the matter. I have never heard of such a law an if there are people over the age who's booze it is the law should not apply.
Answered on Sep 21st, 2012 at 12:27 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get a New Hampshire attorney NOW. Speak to no one else about the incident until you have been counseled.
Answered on Sep 21st, 2012 at 12:20 AM

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