Legal Question in DUI Law in North Dakota

minor in possession of alcohol

I am 20 years old. I was outside on a porch with a group of people. I had a pop can in my hand to use as a chew spitter. A cop drove by the house and assumed it was a beer can. The cop drove by because there was a party next door to the house I was at. As the cop drove by, I returned into the house without knowing one officer was running after me thinking I was a minor in possession of alcohol. The officer pushed people out of the way in order to restrain me in the kitchen of the house (in which there was no reason to enter since there was no loud party going on). I was taken outside and given a minor in possession of alcohol. Also, it was dark outside with vehicles between myself and the police SUV with no way to identify the type of can I was holding. The officer told me that he had the right to pursue me because I looked to be under the age of 21. Is there any way to get out of this MIP?


Asked on 8/30/08, 2:35 pm

1 Answer from Attorneys

Ross Brandborg Brudvik Law Office

Re: minor in possession of alcohol

You have raised several interesting points. There may be ways to suppress evidence in your case. If evidence was suppressed then you would likely win the case. Without knowing more about what is in a police report or on the ticket I can't comment further. Did this happen in Fargo? I recommend you obtain a lawyer to review the case.

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Answered on 9/01/08, 3:13 pm


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