Friday, January 2, 2015

I am a college student who recently received an MIP in his dorm room. There was a party and the cops were called so we kicked everyone out. ...

Question

I am a college student who recently received an MIP in his dorm room. There was a party and the cops were called so we kicked everyone out. I had been drinking (under aged), but was completely coherent and cooperative. The cops asked to search our room and didn't find anything until they looked in our fridges. They then asked if i would submit to a breathalyzer test, and we refused on the grounds that we wanted to be safe. They then, cuffed us, threw us in the back of the car, and sent us to the drunk tank. We were not aware at all that they were going to do that! They also did not read us our rights, which is especially concerning. So, when I appear in front of the judge on my court date, do you think I have the grounds to get this dismissed, the two main points being the fridge searching and the lack of rights reading? Thank you very much for your time and efforts.



Answer

Unless you made any admissions after being arrested, the reading of rights is not important. You are not going to get anything dismissed based on these facts. Get a local attorney to make sure this does not affect you in the future.



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