Legal Question in DUI Law in Minnesota

Unusual Situation

I am 19 and live in Minnesota. I was given a ticket for DUI, drug paraphenlia, and underage possesion of alcohol. I was not taken to the Police Station and they didn't take my license away or anything. I simply called my parents and went home with them. I have a court date tomorrow and I called to confirm it finding out they have no record of my ticket. I spoke to an attorney that said this was very unusual. He said that I should have been brought to the Station that night and should have already lost my licence. Is there a possibility that since the Police Officer did not go by the correct procedure that he might not even file the paperwork, making me a free man?


Asked on 12/10/07, 2:12 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Unusual Situation

I can't tell you what happened; but you might want to take a look at my page at http://www.mn-dwi.com/underage.html.

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Answered on 12/10/07, 5:27 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Unusual Situation

Rarely, a police officer might not send in the paperwork, intentionally or not.

Often, the police officer will write a court date on a ticket, but delay sending it to the court. That could be your situation. That could lead to an arrest warrant, if the person wrongly assumed they were "a free man" prematurely.

Also, it is highly unusual for the police officer to fail to issue an administrative drivers license revocation where a breath sample is claimed over the arbitrary limit, or a refusal to submit a sample is claimed. On the other hand it is quite common for normal people to fail to understand the papers given them, etc. Therefore, it would be wise to check the status of your drivers license with the Minn Dept of Public Safety regularly, since you would have at most 30 days to commence a court challenge to it.

It is difficult to explain the laws in this area succintly in a format like this, as they are complex; and, much depends upon the facts of each individual case. Therefore, you should consult a lawyer about this, personally.

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Answered on 12/10/07, 5:41 pm


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