Legal Question in DUI Law in Minnesota

I am 20 years old. I was pulled over 11/12/16 they told me I crossed the center line in argued there was no lines he said I was hugging the right side line I argued again there was no lines on the road. He told me my window tint was to dark. I argues I had no window tint. He ran my plates and told me my licence was suspended. I had no idea because I had not got any papers in the mail. I passed 5 out of 6 road sobriety tests. He gave me a breathalyzer and I blow over the legal limit for someone who is 21. they booked me and released me to my boyfriend. They didn't give me any paper work or tell me what I was being charged with. They told me to set up a court date. It is not 11/21/16 . I have gone to the court house almost everyday and they either say there is no paper work or they have no charges but I have a $680 fine I have to pay. I went to talk to the jailer and they pulled up my stuff and he says I should have gotten a minor. I asked what I was being charged with and he replied with dwi crossing the center line. Crossing the right line obstruction of the windshield window tint and a bunch more but I was not charged with a minor. My question is can they charge me with a minor if that was not already on the charge sheet? Can they chanrge me at all if they had no reason to pull me over besides the fact that they ran my plates after the pulled me over?. And how do I get my license back since they won't tell me when my court date is and I have tried to set one up.


Asked on 11/21/16, 2:37 pm

2 Answers from Attorneys

Samuel Edmunds Sieben | Edmunds PLLC

Wow. You have a lot going on here. Bottom line is that you need help from a lawyer. Yes - they can try to prosecute you for the crime of underage drinking and driving, or probably an actual DWI from what you've said here. Your lawyer will examine the facts and the evidence to see if there is a good stop issue. If the cops didn't have a valid basis to stop your vehicle, then the whole case should be thrown out. Your lawyer will also be able to help you figure out what you're charged with, when the court date is going to be, and how you should proceed forward. Please feel free to give me a call to discuss. 651-994-6744.

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Answered on 11/21/16, 6:17 pm
Rory Durkin Giancola-Durkin Criminal Defense

beware of the timeline you have for filing a challenge to your license revocation. you must file a challenge within 30 days of the date of your arrest or you will forfeit the challenge and suffer whatever the consequence is. you need to talk to an attorney asap to go over your options. most will give you a free consult but be sure to contact someone versed in dui law.

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Answered on 11/22/16, 10:38 am


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