violated restricted drivers license
I was pulled over initially for a speeding violation. Upon receiving the ticket, the officer asked if i had been drinking any alcohol beverages, stating that if i had, my licenses would be invalid for the time. Well, i blew a .040 on the test, and as a result they took my plates and impounded them. The question is, can they do this only judging the pbt and not from a true chemical test? Second he did not have my speed locked in on the radar, dont they have to show you the locked in reading? Alsop what consequences do i face in in going to court? They told me i was not under arrest of any kind and my license would return valid once i had reached a clear reading on the breath test.
Thanks
1 Answer from Attorneys
Re: violated restricted drivers license
IF ("if") your Minnesota drivers license is "B-card" no use of alcohol restricted, then, yes -- the cop can administratively revoke your drivers license on the spot, even though driving a passenger car and 0.04 BrAC on a PBT. You can challenge the revocation in court, if you (your lawyer) file a petition challenging the administrative license revocation within a short time after it happened, though those are difficult generally. Note: this will *not* be at issue in your speeding ticket case! You should contact a lawyer immediately about challenging this now, if you want to challenge it. Time is of the essence.
As for the speeding ticket, police are not required to show you their RADAR unit reading, though many do in order to reduce the drivers interest in fighting the speeding ticket in court.
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