Legal Question in Criminal Law in Minnesota
Minor Consumption
I got a minor consumption charge in my suite on campus. Suites are dorm rooms that have two bedrooms that are separated from a living room via a hallway where a bathroom is at the end. The is a door to the outside in the living room and one to the inner hallway. I was in my bedroom and went out to see what my roommates were doing in the living room and a police officer was standing there giving them minors. There is also a door separating the living room and the hallway leading to my bedroom. They said that I had to give a breathalizer even though i wasnt partying with them in the other room? Can they do that? Also a person told me that I could talk to a judge and see if I could get a State of Judification? which was if I did not get any other violations for 1 year I would not have the minor on my record? Could you explain Minnesotas law about that?
1 Answer from Attorneys
Re: Minor Consumption - PBT demand when not driving
To my knowledge, there is no statutory requirement that a person provide a sample for a breath-alcohol machine upon police request unless they are driving, operating or controlling some kind of motor vehicle. As a result, if the police officers actually told you that you were required to blow into their machine, when in fact you were not, then I would consider a motion to suppress that evidence based upon a lack of legal authority and a due process violation.
If a judge granted that motion, the police may still have the evidence of odor of alcohol on your person, and perhaps any admissions you made prior to their false, deceptive and coercive "legal advice" to you.
A "Stay of Adjudication" is a disposition or outcome in a criminal case where, usually under a plea agreement, the defendant pleads guilty, but the judge does not accept the guilty plea, but "stays" or delays "adjudication" (of guilt, or conviction) for some period of time, on conditions, for example no same or similar offenses, etc. At the end of the period of the "stay," if all conditions have been met, the charge is dismissed with no conviction. Due to the guilty plea, however, it cannot be expunged under Minnesota Statutes Chapter 169A.
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