Legal Question in DUI Law in Minnesota

underage consumption ticket

My friend was issued a ticket for

underage consumption. I was riding

with his friend in a car. His friend,

who was driving, was not drinking

and blew a .000. Does the officer

then have the authority to

breathalize the passenger (my

friend)? Because he did breathalize

my friend and he blew a .055. I want

to let him know if he can fight the

ticket or not. Any answers would be

helpful. Thanks


Asked on 7/04/09, 9:01 pm

1 Answer from Attorneys
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: underage consumption ticket

Your friend can certainly "fight" the ticket. Any charge can be challenged. As to your specific question, yes, the office likely had probable cause to test passengers in the car, since I presume the officer will state there was an "odor of alcohol", or that an individual who appeared to be a minor had watery eyes, etc.

There mere fact that there was probable cause for the stop does not mean your friend can not, or should not, challenge the ticket. I have no idea why the car was stopped in the first place. It is possible there was no probable cause for the initial stop. I could not comment on that without knowing more of the facts. Further, I would need to know what happened after the stop, whether your friend has prior offenses, his age, etc.

Call with more specific questions. Good luck.

Read more
Answered on 7/05/09, 7:38 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Minnesota