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Discussion Starter · #1 ·
Last night I was arrested and charged with "Unlawful Posession and Intoxication."

I was at home on the computer working on a website when my roommate Chris and his friends came in and asked me if I wanted to go to a nightclub in Manchester. I said sure, and Chris said that I would have to drive because they all had been drinking. I agreed to drive them.

We stop at a gas station and one of them went inside and came out with a brown bag. I don't know what was in it, but whatever it was... it smelled like energy drink. But there were other alcohol bottles in the backseat, that's all I Know. We get gas too and start driving to Manchester on the freeway.
About 25 miles out, I was doing about 70 (the speed limit is 65) and it was a clear night, no snow or ice on the road, and only 2 cars in front of me and they were going faster than I was, one had just recently passed me on the left.
A state trooper was hiding on the side, on one of those paved medians designed just for them. We saw him as we passed and about a minute later we saw him pull out and lit the christmas tree.

I pulled over and put the car in Park, and waited for him to come over. He asked the usual: license and registration from me. I had to get the registration from Durgin, who was in the passenger seat and the car belonged to him. We explained that I was deaf, and that Durgin owned the car.
The trooper, whose name was J.A. Ardini, checked registratoin and verified it was in proper order, then he collected drivers licenses from everybody in the car while his partner approached the other side of the car and started checking us out with a flashlight. They see a couple of brown paper bags and asked me if I had been drinking. I answered, "No, I'm the designated driver."
They both go back to the car and fart around for about 10 minutes and Ardini comes back and asks me to step out of the car. He escorts me back to his car and starts asking me questions. He once again asked me if I had been drinking, I gave the same answer as before. Then he asked where I lived and if I have any parents to pick me up. I told him where I lived and that I live with Chris, who was in the car too, and that they were my only ride home.
After a few minutes, they tell me that I have to be taken down to the local police station. I said that's fine but I would need a ride home, so they had Durgin get out of the car and they asked him who was the most sober, and we both pointed out the guy (I don't know his name). The trooper then had him get out of the car and come join us, and after talking for 5 minutes, administered a breathalyzer test to Durgin and the other guy. They never asked me to take the breathalzyer test, nor was I asked to do a field test.

After the tests, they told the guy to get in the car and follow the trooper to the police station. Then the trooper patted me down for weapons or drugs, and handcuffed me, then put me in his car.

**At this point, I would like to point out to you all that I was NEVER mirandized prior to handcuffing, not even in writing. For those who don't know what that means, it means to be read my Miranda rights (aka, the right to remain silent, to have a lawyer, etc). They are required by federal or state law to read me my rights, and they never did.**

Anyway.. I'm in handcuffs inside the trooper's car, and we drive to the local police station (Sunapee Police Station). I'm escorted out of the car into the station where I'm led to the back room and my handcuffs taken off and I'm allowed to take my jacket off and sit down.
The trooper asks more questions, mostly about where I live, my address and phone number, etc.
The bail commissioner shows up and starts filling out more paperwork, for bail. He tells me that I'm being released on my own recognizance,and if I don't show up to court, I will be fined $750 and asks if I agree to it. I say yes.
After all the bail paperwork was done, he told me that I owed him $30.00 for the paperwork. 5-7 minutes of paperwork? That smelled like bull**** to me, but I paid him anyway with a $20 I had on me, which was Durgin's, and $10 from Chris.

They asked me if I had any more questions, I said I had just one and I asked the trooper why he pulled me over in the first place. He said he observed me going downhill at a high rate of speed and his radar clocked me doing 75. I was doing 70, and speed traps (camping out at the base of a hill is a speed trap) are illegal, so that was some more bull****.

I'm anixous to get out of there so I just leave after that question was answered.
On the way home I studied the papers and court order more closely and discovered that the trooper wrote down "Intoxication" too... and I had never been breathalzyed or given a field test, and I never had any alcohol at all that day. More bull****!

In summation, I was pulled over using an illegal speed trap method, handcuffed and arrested for having alcoholic beverages in the backseat where my friends (they all are 21+) and even though I was the designated driver, not read my rights at all, and falsely charged with intoxication when I never took any blood alcohol tests.

I just want to say that I really LOVE the distinguished New Hampshire State Police for their courteous acts and honesty.
 

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ok the intoxication thing i just dunno.

now first off im confused here, why didnt they just have YOU drive and follow them to the station?? hence you told them you didnt drank, yet they let somebody who HAD been drinking(yet was the "least drunk") drive???? that doesnt make sense.

also, im assuming your underage? so therfore whether you knew what was in the bag or not, you still had alcohol in a car YOU were driving, which IS illegal. whether you were drinking or not, just to have alcohol in a car your in control of is illegal if you underage. so THAT unfortunately i agree with the cops on.

also, they couldnt just "prod around for 10 minutes" in your back seat without your consent, or without probable cause. yet they see an underage driver, and brown paper bags which im sure had the shape of alcohol bottles, well i could see that as probable cause.

now you ar complaining about your miranda rights. well from what your saying it seems as if they just needed you for all he paperwork at the station. just caused they cuffed you doesnt imply you were under arrest. it IS standard procedure to put a person in cuffs if they are going to be placed and/or driven in a cruiser. if you WERE under arrest they are legally bound to verbally tell you so.

LASTLY, camping out at the bottom of a hill is not a speed trap. he was merely in a turnaround, and though at a bottom of a hill, doesnt matter. and being a hill leads me to believe that it is VERY probable your car hit 75 coasting downhill. even if just for a second. seing as you were already driving at a constant 70.

now im not saying your wrong, or or they are. i wasnt there. i wish you the best. if he had no reason to pull you over(but he could pull you over just for 70, as that IS exceedimg the speed limit), then you simply got screwed. the intoxication thing sounds BS if what you say is true, and you can obviously fight that if you were not issued a breathalizer or field sobriety test. now what you CANT win is the underage possessison part. unfortunately thats the name of the game
 

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BAHAHAHA...im sorry man i cant help but laugh a little.

first off i am NOT a cop, and yeah i do have several police officer friends.

now in retrospect, nothing i posted was "holier than thou" i stated simply nothing but fact. i do understand your probably pissed off at what happened, and i would be too if it happened to me. but i just stated by what you posted, fact. whether its what you wanted to hear it or not. hell i even agree about the intoxication charge being false if what you say is true.

but the fact of the matter is, you had alcohol in a car YOU were driving while being underage, and you WERE speeding (even if only 5 mph). though 5 mph is no grounds to be pulled over i agree, anything over 65 is technically grounds for "speeding." hence posted "speed limits"

sorry man, but even if you didnt deserve what happened, it did happen, and quite frankly from what you posted, everything was done according to procedure. you broke the law, and now man up to the consequences.

it does suck, but it happened. sorry. whether what they did was morally right or wrong is a different story totally, bust aside from the intoxication charge everything they did was LEGALLY right
 

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Discussion Starter · #6 ·
the law states i have to be read my miranda rights prior to being interrogated in custody, which they never did. that is a direct violation of a federal law and of the constitution. additionally, the law requires that sign language interpreter or an equivalent means of communication be present at the reading of rights. none of that was provided.

as for your theory that i was rightfully charged with posession..
1. it was NOT my car
2. i was the designated driver
3. the alcohol containers were in the BACK. none were up front

and quite frankly it's odd to pull someone over for speeding and instead of giving a speeding tix, screw them up the ass for being a DD. they had no probable cause to search the car for alcohol. i did not have alcohol on my breath at all nor were there any bottles in plain view.
did i mention i was 20 years old? 8 months shy of being 21.

up yours, captain america aka "randy"
 

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Originally posted by 00TRDGT-S
up yours, captain america aka "randy"
It's kind of funny how angry people get at those who attempt to help them when they ask for it. But Randy's right, if they find alchohol "in" the car and you were driving you can be charged. That's the law.....it's good to know if you want to avoid that again.

Now the rest of the scenerio can be argued in court by your lawyer.
 

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i'm wondering how he can read our messages since we obviously don't know how to type in sign language.

:chuckles: seriously though.. we're not law students. it's understood that you're just venting out. i think randy is a good alternative to the usual "damn that sux, bro" responses you get in these situations.

get a good lawyer. i'm interested to know how it turns out in court.
 

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ok budddy....you seriously need to put a tray of ice cubes down your panties or something and cool down.

as you see.....everyone here agrees with me. and you obviously dont visit te NE section much cause everyone here KNOWS i like to write essays voicing fact/opinion.

first off i didnt read you were deaf, therefore cant be "read" your miranda rights. all i said though was just cause you were in cuffs does NOT imply you are under arrest, and therefore no need for miranda rights. now if you WERE under arrest, that can be faught with a lawer in court as previously stated.

second to answer your 3 statements:
1: it doesnt matter if its your car or not...YOU were driving it therfore in cojunction soley responsible for your passengers and what they are doing or what they are possesing in the vehicle

2: DD or not, you had alcohol in the car you are responsible for, whether you knew it was there or not, thats between you and your buddys, not the police officer.

3: doesnt matter where the containers were...they were IN THE CAR! how thick is your skull you dont get this????


now they didnt have probable cause to search the car??? hmm lets review this again. your underage, TELLING the officer you are a DD, and they see your passengers are 21+, AND they see brown paper bags(which is basically standard beverage bags). thats enough probable cause for me too look for an alcohol container in a underage drivers vehicle if you ask me.

now look.....and listen to me carefully man, i already told you the intoxication charge is BS. if your telling the truth you werent drinking and possibly the arrest thing, but your not to clear on that as it sounds as if they just wanted to escort you to the department, and that you were not under arrest. but possesion underage, doesnt matter if your close to 21...you NOT 21.

now on another note i TOTALLY commend you for being a DD, very respectable. and it does suck it happened, but the truth of the matter is you got caught man, "speeding", and "underage possesion." thats why i said thers a difference between morality and legality.

MORALLY you were doing a good thing, but legally they had you by the balls from the start, so it was their discretion.

now just get a good lawer if you wish and i wish you the best in court.

but like kia said, i aint just gonna post "dam that sux bro" i just tell it like it is.

keep us informed im curious to see how it will all play out
 
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