Unlawful Internal Posession of Alcohol, Underage
My question involves criminal law for the state of: New Hampshire
I went to a party at UNH where I consumed to much alcohol. Following that I went to a hospital, where a police officer was waiting for me when it was time to be discharged. He took me into protective custody until I sobered up and served me with a violation for the unlawful internal posession of alcohol. All I have is a pink form with a court date. What does this mean? What are the consequences of a guilty plea? Also, did the hospital violate HIPPA by revealing elements of my medical condition to the police?
Thank you very much in advance.
Re: Unlawful Internal Posession of Alcohol (Underage, New Hampshire)
It means you have to go to court at a particular date and time, to answer the charge of unlawful possession of alcohol. If you plead guilty, you will be convicted of the charge.
A person under the age of 21 is guilty of a violation for unlawful internal possession if he is intoxicated (any amount of alcohol in system) due to consumption of an alcoholic beverage. There is a $250 minimum fine for the first offense and $500 minimum fine for subsequent offenses, with possible additional penalties including a driver's license suspension even if the violation does not occur while operating a vehicle.
I don't know how the police got information on your alcohol consumption - from an officer who responded to the scene, from the emergency technicians, from the hospital... or whether they got it with or without a warrant. But keep in mind, you would be raising (if possible) the claim that they engaged in an improper search and seizure, as a HIPAA violation does not create a private cause of action nor does it provide a basis for exclusion of something from evidence.
Re: Unlawful Internal Posession of Alcohol (Underage, New Hampshire)
If you are underage, and arrested, for unlawful possession, would it be wise to retain a lawyer, to represent you at the arraignment? My daughter was arrested, and the officer was downplaying the incident as nothing more than a traffic ticket. I think otherwise, as this being on a permenant record could affect her down the road. Should she just pay the fine? Or retain legal services?