ATV violation
my husband was stopped with an open beer on his ATV last friday and the warden gave him a warning. Today the same warden came and said he changed his mind and issued my husband a summons. Is this legal?
Asked on 7/27/08, 7:14 pm
1 Answer from Attorneys
David Marchese
Drummond & Drummond, LLP
Re: ATV violation
I am sorry to say that I believe that the officer was within his rights to do so. I suspect that the officer's failure to pursue the matter at the time of the "stop" will be to your husband's benefit, as it is likely that the failure to pursue it meant that many aspects of the officer's investigative work did not get done at the stop, i.e.: field sobriety testing, blood alcohol testing. Please let me know if he needs legal representation. Thank you for your inquiry.
Answered on 7/28/08, 10:32 am
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