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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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I was arrested in NH. I refused to take the test as

Customer Question

I was arrested for DWI in NH. I refused to take the test as I was on my own property. I was out of my vehicle and in my garage, the vehicle was off. The officer entered my garage without permission. He claimed a person complained that I was driving erratic . I have a broken leg and recovering from a broken back. When I pulled my back forward the car pulled to the right
Did he have the right to enter my property , come into my garage uninvited , demand I take a test knowing I was physically impaired. I refused all and signed nothing. He arrested me
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardI am sorry to hear of this matter. Unfortunately, yes. An officer does not need a warrant to come onto the property if they have Probable Cause to believe a crime is in effect or that evidence of a crime will be disposed of while a warrant is obtained. Now, since the officer did not see the "erratic" driving first hand, I suggest the coming onto the property may be challenged because it was only on the word of another that he came onto the property.