Minor in Consumption

[noxsicarius]

I'm a 19 year old male living in Kansas. The other day I was driving home from Hill City, KS to Hays KS when I was pulled over in Hays. I smelled of alcohol and the police officer had me do a field sobriety test. I passed the test however was required to take a breathalyzer. I blew a .06 which is under the legal limit if I were an adult. However being that I am 19 it is illegal for me to blow anything over a .02. I was issued a Minor in Consumption and my license revoked for 30 days.

However after doing some online research I encountered a fact that I can challenge this charge due to the fact I did not drink in the Police officer's jurisdiction and did not have anything illegal on my person or in my car. In fact I drank in Hill City which is in a separate County. Do I have any chance of challenging this charge against me?

[FlyingRon]

Why is it that every intoxicated person thinks the "passed" the FST?

Count yourself lucky you were only a few steps away from a full blown DUI.

You are right there are jurisdictional issues, but it's not as cut and dry as you might think. You're likely to find that cops have statewide jurisdiction, so unless you intend to perjure yourself and claim you were home or out of state you might not get anywhere with that.

But go see a lawyer familiar with the court you're going to be charged in.

[noxsicarius]

I am mistaken, I was outside of the Prosecutor's jurisdiction.. And to quote my source

"If you have admitted to drinking or tested positive on a PBT, there still may be legal challenges made to the charge. The prosecutor must prove that you violated the law in his or her particular jurisdiction. Just because you have alcohol in your system while you are in Leawood, Kansas does not mean that it can be proved that you consumed or possessed the alcohol in Leawood, Kansas. The prosecutor should be required to prove that you possessed or consumed in his city and not another city. Also, it is legal for minors over the age of 17 to consume alcohol at their homes if a parent is present. Thus, the prosecutor may not be able to prove that you were violating the law at the time that you possessed or consumed alcohol."
[url=http://www.enhlaw.com/minor_in_possession.htm]Offenses Related to Kansas DUI[/url]

[FlyingRon]

You are being prosecuted by the STATE. But go employ that lawyer if you wish.

[cyjeff]

Further, you were in POSSESSION of the alcohol in your system when you were in the presence of the officer.

You can try your defense.

It will be fun to watch.

I tell you what... let us know how that works for you....

Oh, and stop being an idiot... don't drink and drive.