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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23972
Experience:  9+ years defending Misdemeanor and Felony cases.
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My 19 year old daughter was at a concert in Utah. A member

Customer Question

My 19 year old daughter was at a concert in Utah. A member of her group solicited an undercover officer to purchase beer. The officer questioned the entire group, and breath tested all of them. She was cited "minor in possession/consumption" code #32B-4-409 with 0.04PBT. She was not in possession of alcohol, nor did the officer witness any consumption. She did consent to the test, but without any knowledge of her rights if she refused. Do we have any recourse against the citation?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Is she a first time offender?

Customer: replied 1 year ago.
She has no record, not even a traffic violation.
Expert:  CrimDefense replied 1 year ago.

Good morning and thank you for the additional information. She first needs to decide if she wants to contest and fight this, which depends on if she has any legal defenses. If she consented to the test and there was a basis for the Officer to administer the breath test, then the results would be admissible and be used to support the issuance of the citation. However, since she is a first time offender, the court may offer her a diversion program, which she can enter into, to get the case dismissed, upon completion. This way, she can keep her record clean. If she wants to fight this, then there would need to be a legal basis to suppress the breath test results, since the reading is what will be relied on in the case, as well as the observations of the Officer. It is possible that they did not observe her impaired or smelled an alcohol on her and if that is the case, it could go to help the reason why they tested her to begin with. All this needs to be looked into, during the discovery process and needs to be weighed against a chance to get it dismissed, if the program is offered.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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