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Are the odds in my favor to fight a open intox ticket in a a vehicle?

Kalamazoo, MI |

I was a passenger in the backseat. After the driver passed the sobriety test (and the driver did not give consent to search the vehicle) all the passengers myself included were taken out and put to the side of the road. After this the officer proceeded to search the car. He found a bottle of alcohol that i took claim to.

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Attorney answers 5

Posted

If there was no consent nor arrest of anyone, I think it may be a good fight. Was it in plain view of the officer from outside of the car? Hire a lawyer and start planning your defense.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.

Posted

An experienced criminal defense attorney will initially ask why you were stopped. If there was a valid reason for the stop, and during the stop, the officer had reasonable suspicion to believe that criminal activity was occurring then he may be able to search the vehicle under the motor vehicle exception for warrantless searches. You simply have not given enough information to answer the question. Your best option at this point is to contact a criminal defense attorney and explain the entire scenario, allowing him to ask pointed questions to get to the heart of the matter. Best of luck.

The answer to this question is for general informational purposes only. It is not intended to be legal advice on which you base your legal decisions. Please contact an attorney for an independent personal consult for a specific answer to your legal needs. www.calkinslawoffices.com, jcalkins@calkinslawoffices.com, 734-240-0009

Posted

I would talk to an attorney so that he can get the complete facts.

Posted

Unless there is some sort of Miranda violation which, based on these facts, I don't see, the fact that you admitted to possession of the alcohol bars any defense you may have had.

Posted

You need the help of a criminal defense attorney. There are several possible issues, however, since you admitted the alcohol was yours you need a lawyer to try to suppress the evidence. Good Luck!

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