Legal Question in Criminal Law in Minnesota

Minor

My son was picked up for a minor drinking & driving by the same cop who several boys played a prank on one mo. ago. he blew a .02, was being dropped off at his car. the other boy blew something but was let go. what options do we have. the deputy has been stopping my son at least once a month since he got his license 2 years ago and has not received any citations until one month ago over this prank.,


Asked on 8/31/08, 9:10 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Minor

There seems to be significant questions regarding whether the officer had a reasonable suspicion to stop your son. If the stop is invalid, so too is everything after the stop. There is also significant question whether your son was in "control" of his motor vehicle. If he was not in control, there is no underage drink and drive.

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Answered on 9/01/08, 11:25 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Minor

On these limited facts, it appears that your son was not "driving, operating or in physical control" of a motor vehicle, which is a defense. He should retain a good DWI defense lawyer as soon as possible, serve and file a challenge to any administrative drivers licesne revocation within the 30 day deadline, and defend the criminal charge.

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Answered on 9/02/08, 3:18 pm


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