The police can arrest your daughter. However that is a far cry from obtaining a conviction. The case law on the question of "operation" looks at the question of whether the driver can exercise control over the car. There is also the question of whether the driver was using it as "shelter." A defense of her actions may be possible. To discuss her options please call.
No lawyer can predict the future. So to forecast how you will do is impossible. Many lawyers offer free consultations and I would suggest meeting with a few. They may be able to give you some limited guidance on your case. Remember, the State will have a skilled prosecutor representing them. The prosecutor will know the rules of evidence, case law and court procedure all which will be used to persuade the Court that your are guilty of the alleged offense. It would be wise to consider...
The NH case must be resolved before CA will reinstate your license. II would obtain local counsel to assist you. If the case has not been adjudicated either by plea or trial then I would consider filing a motion to strike the default and request a trial date. Cases are like wine, they get better with age.
In NH the officer must advise you of your Administrative Suspension Rights. Once they have reviewed those rights with you and you refuse the Courts have determined that you must immediately change your mind if you are to recant your prior refusal. A refusal before your ALS rights have been given can be challenged at a hearing. You must know that the officer has the right to determine what kind of test they wish to offer you.
Police are allowed to use information provided by anonymous and known calls to stop suspected dwi drivers. If the caller is anonymous then the information must be more specific but it can be used to be the basis for stop. As part of discovery you could ask for the 911 tape.
State v. Hastings does give some guidance on this issue which set 90 days as a benchmark. While that case is no longer controlling it is a good place to start. Speedy indictment can be extended with a motion by the State seeking addional time.
The answer is, it depends. If the state can obtain enough circumstantial evidence to prove that you were operating the car in question then the fact that you were not caught in the driver seat may not have much meaning.
If you are temporarily caring for the dog then you cannot have an elective medical procedure performed without the owner's consent. I would suggest contacting an animal behavior specialist to provide assistance while the dog is in your care. The local SPCA should have some suggestions as to who you should contact.
The amount can be determinative on the level of offense. However, the State can charge a felony if they suspect that you are possessing with the intent to distribute. The state will consider how the drugs were packaged as well as if scales, ledgers or large somes of cash were also found. I would consult with a New Hampshre Criminal Defense attorney.
Ryan Russman, Esquire.