Illegal possession of alcohol

[bglazier]

New Hampshire.
I had been drinking at my house with my girlfriend and her cousin and we decided to walk to the store to buy cigerettes. On the way back we were walking up a hill when a cop pulled over on the side of the road and waited for us to come to her. When we got there she stated that I looked like I was walking all over the road. She took my information. She asked my girlfriend for her ID and she didn't have it so she let that go. Her cousin, who was 21, was let go on that. Anyway she had all three of us get in the cruiser and she brought us back to my house. Upon release she let the other two go but issued me a court summons for illegal possesion of alcohol. I don't know how summons work but those do not require your meranda rights? Also there was no breathilzer nor a field sobriety test. There is litterally no proof whatsoever that I was intoxicated. Before pleaing not guilty via mail, is there anything I should be made aware of??

Thank you

 

[stealth2]

There is litterally no proof whatsoever that I was intoxicated.

The officer likely smelled the booze on you.

 

[StevenJ_420Law]

I had been drinking at my house with my girlfriend.

Upon release she let the other two go but issued me a court summons for illegal possesion of alcohol.

Also there was no breathilzer nor a field sobriety test. There is litterally no proof whatsoever that I was intoxicated. Before pleaing not guilty via mail, is there anything I should be made aware of??

You should be aware that you were not cited for being intoxicated, so that is not a defense. You arent allowed to drink at ALL. The miranda thing is useless too.

So that leaves fighting off the actual charge, which would be along the lines of forcing the state to prove you had drank at all.... if you admitted it to the cop, that would be a reason they didnt breathalyze you and they will have a pretty easy time nailing you.

 

[dlw99]

New Hampshire.
Before pleaing not guilty via mail, is there anything I should be made aware of??

Yes. You'll probably want to hire a lawyer. Do your parents know about the summons?

 

[stealth2]

Yes. You'll probably want to hire a lawyer. Do your parents know about the summons?

Why are you assuming OP's a minor?

 

[HighwayMan]

Because the post is under "juvenile law"??

But then again, it's bad to assume. You know what happens when you assume?

 

[stealth2]

Because the post is under "juvenile law"??

But then again, it's bad to assume. You know what happens when you assume?

If you look through past posts, we get a lot of 18-20yo's posting about alcohol-related charges. So with those types of posts, it's not a valid assumption to make, IMO.