Legal Question in Traffic Law in Minnesota

Questionable reasoning for Breathalyzer/Incorrect Ticket

On a recent weekend, my friend and I were hanging out in a college town. My friend had not been drinking, but I had. After leaving one place to head back to campus, my friend was pulled over by a deputy for ''rolling a stop sign''...which the deputy had to see in his rearview mirror from at least a quarter mile away. He then made my friend take a breathalyzer, which he passed with flying colors. Then, the officer made me take one (I didn't do a thing during the course of the traffic stop), and I blew a .063, qualifying me for a minor consumption citation. The officer never ticketed my friend for anything. Was the officer in the right in giving me a PBT? Also, on my summons the officer wrote that I'm in violation of Statute 340A.53, when no such statute exist. The underage statute in MN is 340A.503. Is there anything here that I can use to avoid paying a huge fine?


Asked on 2/07/05, 3:15 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Questionable reasoning for Breathalyzer/Incorrect Ticket

The PBT cannot be used in court. It can only be used to justify an arrest. The state needs other evidence to use against you besides the PBT if you are going to be convicted. The officer's personal observations of you or any admissions you may have made could be enough, however.

When making a drunk driving arrest, it is common to test the passenger, because he police are looking for someone who is safe to release the vehicle to. So I can't say that for certain it was wrong to ask you to take the PBT.

A small error like not putting the right statute number isn't going to help you a bit. So you are looking at a misdemeanor, and you should be represented by a lawyer. If you are a student, you probably qualify for a public defender. Be sure you ask for one.

Read more
Answered on 2/07/05, 4:23 pm


Related Questions & Answers

More Traffic Law questions and answers in Minnesota