Legal Question in Traffic Law in Minnesota

No fault accident---minor consumption

My roommate and I were heading home one night and it was snowing.She ended up sliding into the curb causing her axle to break.We were approx. a half a block from our apart,so we walked home and called the police station for help.They said it wasn't considered an accident and we could call a tow truck ourselves. Unfamiliar with the area we took up their offer of calling one for us.We were then told to meet the officer down by the car in 5 minutes.We approached the car the officer was getting there at the same time..as we came walking up the officer was walking up with a breathalizer in hand. He walked up and asked my roommate if she had been drinking. She passed her breathalizer.Then turned to me and asked if i would take a breathalizer, I did and blew .04. We had a earlier encounter with the same officer about 4months prior, and the officer knew who we were from the start.He had given us breathalizers and knew my name before even checking our I.D's.He then gave me my ticket and asked me questions like''are you still attending school, and are you still working??''Then we were put in the back of the car to wait for a tow truck.While waiting we were rear ended by two drunks guys.The 30mins we were there the 2 men were not even tested??


Asked on 2/21/06, 2:42 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: No fault accident---minor consumption

I am not really sure what your question might be.

the officer must have a reasonable suspicion of alcohl consumption for a Preliminary Breath Test. If that was lacking, you certainly could have refused the test. That is particularly true if there was no injury.

However, where there is an accident with an injury, alcohol testing regularly occurs and can be compelled if someone other than the driver was injured.

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Answered on 2/21/06, 2:54 pm


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