Legal Question in DUI Law in Minnesota

Minors Consumption

The cops busted a party that I was at and gave out minors. I blew a .11 and the cop wrote out a ticket for minor consumption. The cop didnt write down on my ticket what I blew or didnt say how much it was going to be. Is there a way I can get out of it?


Asked on 3/08/08, 2:35 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Minors Consumption

You are very lucky that you were not standing next to a car holding the car keys when the officer arrived. In that event you could have been charged with a DWI.

Those are hard to get out of. I have had one or two that I managed to have continued for dismissal, but not when the readings were that high.

You would be well advised to consult a lawyer, however. This could be on your record for the rest of your life, and it should not be taken lightly.

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Answered on 3/08/08, 3:50 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Minors Consumption

It is not necessary that the ticket indicate the blood alcohol level. However, there are other challenges to your charge that seem likely.

If the officer simply began asking all those present at the party to provide a breath sample, that request may be challenged as an unlawful search since the necessary indicia giving rise to a reasonable suspicion that a crime has been committed is absent.

For a consultation call 612.240.8005.

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Answered on 3/10/08, 9:15 am


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