Legal Question in Criminal Law in Minnesota

My son recieved an underage drinking ticket in washington county, mn. He is 18 years old. His alcohol level was .03 when the officer checked it. He was not driving. He goes before the hearing officer tomorrow and would like to get this off his record. What should he say to the hearing officer and he is willing to pay ticket and do community service. What advice do you have for him?


Asked on 3/16/11, 7:55 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

If the goal is to avoid a criminal conviction record, the best outcomes, in order would be: 1) dismissal now; 2) a continuance for dismissal 6 or 12 months from now; 3) a stay of adjudication; or 4) prosecutor "certifies" or amends the charge to a petty misdemeanor. A "hearing officer" is generally not a judge, nor a prosecutor - but a court administrator with written guidelines from local prosecutors. They have no dsicretion. If they offer a continuance for dismissal, I would consider accepting. Otherwise, I would request a court date. If it's important, retain a defense lawyer. That will help.

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Answered on 3/16/11, 11:02 am


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