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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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My 18 year old daughter got a minor consumption ticket last

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My 18 year old daughter got a minor consumption ticket last night. She was the passenger in her boyfriends vehicle. He had pulled over because he thought he had a flat tire but a piece of trim was falling off his truck. After he got in the truck an officer approached them and asked if he had been drinking. The officer did not ask him why he was pulled over or what he was doing. He had one beer 4 hours before and blew a 0.004. Then two other police cars approached. The original officer asked my daughter if she had been drinking. She was honest and said she had 3 beers. She agreed to the breathalyzer and blew a 0.044 and he gave her a ticket but thanked her for being honest. We live in Minnesota and this is her first offense. Is there anyway of getting out of this ticket by fighting it. She was not driving.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The problem, most likely, will be her "confession"...most likely that can be used at trial. Can you tell me, was the boyfriend arrested? And was your daughter arrested (taken to the police station)?
Customer: replied 1 year ago.

No. No one was arrested. Her boyfriend did not get any ticket and my daughter just got a ticket.

Expert:  P. Simmons replied 1 year ago.
Thanks

That makes it more difficult, at least from the standpoint of fighting the charges.

Had she been arrested, and had her confession been made during or after the arrest, it is possible you could have challenged the admissibility of the confession. Under current law, confessions made during arrest or subsequent to arrest must be "warned" (the police must give a warning that the statements can be used against the individual...the so called Miranda warnings)

What you describe sounds like a clear case. She had been drinking. She was asked and admitted.

So you she can certainly "fight" this...but the ability to win I think will be difficult since I do not see a way to keep her confession out. And if the confession is admissible, that is enough to sustain a conviction

She can certainly demand her day in court...it is possible the cop does not show up and the judge dismisses the charge. But if the cop shows up, I suspect her ability to win this is not good.

That said, the punishment for this regardless, even if she pleas not guilty will likely be nominal, a fine and perhaps a requirement she attend a substance abuse class

Let me know if you have more questions...happy to assist if I can

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26525
Experience: 16 yrs. of trial experience
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