Legal Question in DUI Law in Minnesota

dwi - .08-breath/.08-urine

pulled over for truck height, says smelled alcohol, breath test .08(9). urine came back after sitting all weekend at .08. i never sealed or signed urine sample. Been driving truck for over year, seated 2 feet above officer next to truck, i am currently out of state training for deployment and county keeps pushing date back(2/14-2/28-3/12) I will be in Iraq by then. State has already taken my d.l. and i need to settle this while I am home for the next 2 weeks starting 2/24. I was only pulled over because my truck is too high and the officer could in no way smell anything since he is only 5'4'' and my truck is at least2-2 1/2 feet above his standing height! Also i have driven this same truck same height everyday for over a year and not been bothered by any of our town police. He specifically turned his vehicle from the car he was following to get behind me as we passed each other.Also this officer was after my sister for almost 2 years and he did not take it well when she married someone else, and he seems to know alot about my sisters and my moms driving habits. Maybe vindivtictive??


Asked on 2/21/08, 4:44 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: dwi - .08-breath/.08-urine

There is very little chance that this matter can be resolved in two weeks. That is particularly true if you do (and you should) challenge the charge, particularlythe reasonable suspicion for the stop and the probable cause to provide field sobriety tests and place you under arrest. That process would take a couple months and the very least.

For a FREE consultation call 612.240.8005

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Answered on 2/21/08, 5:15 pm


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