No Proof of Drinking
A friend and I were riding around one night and we got pulled over for ''leaving the roadway''. We had been drinking. When asked I denied drinking, however they pulled my friend out of the car and told him he smelled beer and wanted to know what was going on. my friend said we each drank a 6 pack and thrown a couple out before the cop was behind us. We were never given any field sobriety tests or breath tests. They didnt find any beer in the car. He was going to let us off but another cop arrived and he said he would take us home and give us $75 citations. He dropped us off and gave us ''Illegal possesion or consumption of alcohol by a minor'', and an order to appear in court. We were never read our miranda rights does this void the questioning on the side of the road? Can they charge us without evidence? Is this fightable? -- Also I was pulled less than a week before by the same cop, both times he said I was suspicious for driving around in the country late at night. one was at 2am one was at 1am.
1 Answer from Attorneys
Re: No Proof of Drinking
A judge cannot convict you on an admission alone. Without breathalyzer results, you should be able to win your case, especially if your friend does not testify against you. If you have any questions, feel free to call me at 309-275-6677.
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