Legal Question in DUI Law in Minnesota

4th Degree DWI in 2003 and failure to appear in court in Minnesota

I was arrested for a 4th degree dwi while in MN in 2003 by an amusement park security guard. The security guard did not pull me over nor was i operating a vehicle at the time. I was throwing away bottles in my vehicle, which you are not supposed to have on valleyfair property, but the security guy said that he saw me driving my vehicle and gave me a breathalizer test. I should not have to even talk to the guy while i was going inside of my residence, but i was being polite by telling him that i was throwing away bottles, and then he proceeded to ask me if i would take the breath test. I failed the test, and then the security guy drove me to the police station, where the REAL police gave me a sobriety test and breathalizer, but they have no place of driving for me, nor did they stop me for a traffic violation. My question is, since i did not go to court for this dwi ticket, does that disqualify me from a court appearance to plead not guilty, and is it worth it for me to use a public defender due to lack of funds? I also called the court and they told me that I have an active warrant from 2003, but it never showed up on my background check or dmv reports. Please advise on possible solutions. Now living in far away state.


Asked on 5/31/09, 10:37 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 4th Degree DWI in 2003 and failure to appear in court in Minnesota

The facts seem rather strange.

If the citation was in 2003, and you notw have been brought in on a warrrant for a failure to appear, there are a number of issues that are significant.

First, if you failed to challenge the license revocation, you will be unable to do so now and, as a result, you may have an Implied Consent violation on youe driving records and, if you have not already reinstated, have a revoked license.

Second, there are many defenses to DWI charges. It would seem that there are some serious questions related to the police officer's probable cause to arrest and detain you atthe station based on a report from a secrity officer. Moreover, seeking an intoxilyzer test has its own challenges including current challenges based on compterized source codes.

For legal representation call 612.240.8005.

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Answered on 6/01/09, 6:02 pm


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