QUESTION

Is there any way I can fight this minor consumption charge or at least clear it off my record?

Asked on Jul 05th, 2017 on Criminal Law - Minnesota
More details to this question:
On the fourth of July, I was on the lake and had a couple of drinks. I was not driving the boat and made sure someone sober was. Once the day was done, we pulled the boat in and started driving. Less than two miles down the road, we got pulled over. They pulled us over for a tiny weed hanging off of the boat trailer. They then asked for insurance and license of the driver, and asked whose car and boat it was. It was mine but since I had been drinking, I was sitting in the passenger seat. He asked why I wasn't driving and I said I had forgotten my license at home which I had. He asked if any of us had been drinking and there were 21 year olds in the car who said they had been and the driver said she wasn't. The officer was not nice at all and told the driver to get out and blow, so she did, and she blew zeros. The officer then told me to step out and blow. I was being very polite and trying to cooperate so I did blow and I blew a 0.117. Did he have any right to make me step out and blow? The driver said she wasn't drinking and she wasn't. He didn't see any bottles or cans in the car/boat. And yet because it was my vehicle and I wasn't driving he made me get out and blow.
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1 ANSWER

Criminal Defense Attorney serving Eagan, MN
3 Awards
You might have a good issue here. The blow was a search without a search warrant. There are very limited circumstances where the cops can search you without a warrant. If you're serious about fighting this criminal charge then you will want to have a lawyer help you.
Answered on Sep 21st, 2017 at 4:11 AM

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