Legal Question in DUI Law in North Dakota

I am 19 years old and just recieved a minor in consumption without admitting to drinking and without taking a breathalyzer because one was not offered... Two of us were urinating outdoors and the officer called us over to him, sed he cud smell alcohol and only cited the MIC, not the public urination. I had not been drinking, while the person next to me was, and admitted to doing so, and was the source of the smell. He has told me he will tell any judge this because he knows i hadnt been drinking that night. Do i have a valid case? (This happened in Fargo,ND)

Asked on 11/15/09, 12:17 am

1 Answer from Attorneys

Ross Brandborg Brandborg Law, PC
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There are several things that could be done with this case. But you need to remove the case from Municipal Court and take it to District Court to stand a chance. Best to consult with a lawyer, and the clock is running because you only have 28 days from for first appearance to remove the case from Municipal Court.

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Answered on 11/20/09, 12:30 pm

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