Legal Question in DUI Law in Minnesota

Re: No BAC on ticket

Well first off I would need more information to adequately answer this question. Such as where did the incident happen. Was the minor actually drinking. Why did he come in to contact with Law Enforcement.

Has he had a chemical dependency evaluation.

If you could answer these questions I could give you a more definitive answer.

Regards,

Jennifer S. Homer

Attorney at Law

Re: No BAC on ticket

The office doesn't need to write the BAC on the ticket. However, I doin't think your son should plead guilty until he knows the test result. (of course, any amount of alcohol would be enough to convict him, subject to the defense I mentioned below) The information would be found in the police reports.

HE should at least go to court and plead not guilty and ask for a 'pre trial' hearing. At the hearing, the prosecutor will provide the police reports, and the reports would include the test result.

He may also have a defense: Where was he drinking? A nineteen year old can legally drink at home with parental permission. IF that's what happened here, he could get out of the charge altogether.

Because he has priors, I recommend that your son obtain an attorney.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

Re: No BAC on ticket

An officer need not provide a reading to cite a minor or minor consumption. Any admission of alcohol consumptiuon wuld be sufficient as would any indicia of alcohol use.

There may still be a number of challenges to the citation. however, to address the particular challenges would require a review of the police reports and all circumstances.

For a FREE consultation call 612.240.8005 or visit dwicounsel.com

Re: No BAC on ticket - minor consumption

A police officer is not required to have evidence of BrAC or write it on a citation alleging minor consumption. Trying to come up with defenses is not a bad idea, but it is best to work with a good criminal defense lawyer on what defenses may be available.

While it is always better to have a lawyer's help with any legal problem, for most people it becomes a question of "what is at stake?" If it is important, then it's important to try to win, which is unlikely without a good lawyer.