Legal Question in Traffic Law in New Hampshire

questioning at a traffic stop
My 18 year old daughter was stopped for speeding in NH. She had her 25 year old friend with her. The officer told her she was stopped for going 42 in a 25. He asked her to get out of the car and then asked her in anyone had been drinking. She had not been drinking. The officer got her friend out of the car and asked if he had been drinking. He said yes and said that he had an open beer in the car. I was under the impressions that the officer could only stop her for the traffic violation and even if he suspected she had been drinking that he could not also question the passenger. She was only stopped for speeding. Can he investigate and question other things at the stop? Should we get a lawyer?

Asked on 1/11/05, 5:32 pm

Roy Weddleton Granite Law

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Re: questioning at a traffic stop

On the basic facts you outlined the Officer had the right to inquire further; in fact, most DWI are the result of a simple traffic violation.

Answered on 1/11/05, 5:39 pm

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