Legal Question in Traffic Law in Minnesota

''Whiskey Plates''

I have Whiskey Plates on my vehicle and a limited drivers license due to a DWI 5 months ago (my only one). I was pulled over and given a citation for violation of the limited license on a Saturday afternoon by an unmarked police car. I asked the cop why he pulled me over and he said because I had whisky plates and the was a good chance that it didn't cover weekends. In ''State vs Henning'', July 31, 2003 pulling over a vehicle for simply this was ruled unconstituional. What should I plead in court?


Asked on 3/04/07, 9:42 am

2 Answers from Attorneys

Ross Brandborg Brudvik Law Office

Re: ''Whiskey Plates''

It sounds like you may have a legitimate defense. If there was no other reason you were stopped, then it may be possible to suppress the evidence in your case. If the officer can articulate another reason (besides the whiskey plates) as to why he stopped your car, then suppression is unlikely.

You will need a lawyer to take the correct legal action and attempt to suppress the evidence. I recommend you contact a lawyer before making any appearances in court.

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Answered on 3/04/07, 10:26 am
Derek Patrin Meaney & Patrin, P.A.

Re: ''Whiskey Plates''

Your legal reaseach is correct, an officer cannot make a traffic stop based on a vehicle having whiskey plates. The officer needs to articulate some other basis for stopping your vehicle for this charge to be upheld. My guess is that the officer will try to say that he looked up your driving status before making the stop and saw that your limited license did not apply to that particular time of day. But it sounds like from your rendition of events that the officer told you that he was acting more on a hunch. You should have a decent defense to this case and it wouldn't hurt to talk to some attorneys to find out if you can afford representation.

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Answered on 3/04/07, 12:47 pm


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