Legal Question in DUI Law in North Dakota

Underage Drinking Sentence Question

I recently recieved a citation for underage drinking in North Dakota. I live in Minnesota and was only in North Dakota visiting a friend. My sentence was 2 days in jail suspended, so if i get another citation for underage drinking, i will have to serve 2 days in prison. My question is this- if i were to recieve a citation for underage drinking in Minnesota or another state besides North Dakota, would that apply and cause me to serve time?

Thanks

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Asked on 11/02/04, 12:17 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Underage Drinking Probation Revocation Question

It sounds like your probation in the North Dakota court is conditioned upon no underage drinking violations. If so, then getting another underage drinking violation would violate a condition of your probation, even if the new offense happened outside of North Dakota. It is possible the North Dakota court might not find out about it though. Whether the North Dakota court were to make you serve jail time in the event of a probation violation would be up the court's discretion.

I am not a North Dakota lawyer, so you may want to ask this of a North Dakota lawyer. I cannot answer questions about North Dakota law with certainty, since I am a Minnesota lawyer. Still, I would be surprised if the answer I've suggested would be different in the two states.

Naturally, your best plan would be to avoid getting charged with underage drinking again -- anywhere (comply with the condition of probation). Be aware of the date your probation will expire.

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Answered on 11/03/04, 5:05 pm
David Kelly-952-544-6356 Kelly Law Office

Re: Underage Drinking Sentence Question

Yes, but only if it is reported to the court in North Dakota. In my opinion, whether that would happen is somewhat questionable. I have noted that the states in this neighborhood are sharing more information than they used to.

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Answered on 11/02/04, 4:26 pm


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