violation of alchohal restriction (section 16-113)
First off I am 19. I was pulled over for speeding and blew half the legal limit, passed all roadside tests, then i was arrested and i do not recall being read my rights. I recieved a notice that my liscense will be suspended for 6 months. I didnt think you could be arrested for any reason without being read your rights. Also why was i given about 4 or 5 different tests which i passed only to be arrested anyway. Also i was brought in just to sit there while they filled out my tickets which they could of done on the side of the road. I was with a friend who is a liscensed driver over 21 who had no alchohol at all that was allowed to drive my car as I was arrested. I would like to know if they had just cause to take me in and have me sit there simply while they write tickets and if this can hold up at my hearing.
2 Answers from Attorneys
Re: violation of alchohal restriction (section 16-113)
Under the age of 21 it is illegal for a person to drink alcohol. Further is is illegal for such a person to drive or attempt to drive an automobile after drinking alcohol.
You say you "blew half the legal limit." The basis of this evidence and how it was obtained is not stated.
Based on your question you are charged with a misdemeanor which may bring a fine of $500.00 and points or restrictions being placed against your driving privilege.
You should consider acquiring legal assistance. Contact me should you desire representation.
violation of alchohal restriction (section 16-113)
There is no legal limit for alcohol when you are 19 years old, as any alcohol in your system is above the legal limit. You may think you passed the field sobriety test, but I doubt the officer thought so. You should immediately contact a trial lawyer, like myself, to begin preparation of your defense. Do not even think of going to court on your own, you will come out on the short end of the stick.
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