Minor Consumption, PBT refusal

[Oscar1234]

What is the name of your state? Minnesota

I was out at a New Years party, and had a friend drive me home (she was sober and blew zeroes). Cop pulled us over for a busted headlight, said he smelled alcohol and proceeded to breathalyze us all. I refused the PBT, saying that I wanted to go to the station to get a blood test instead. I did not admit that I had been drinking. The cop handcuffed me and put me in his car and wrote me a minor consumption ticket anyway. However, before he took me to the station, he got a call to a bad accident, so he let me out, saying "This is your lucky day, but you have to walk home." (about a 1/3 mile).

So I walked home, but now I have a ticket that doesn't list a charge or a BAC. Do I have to pay it? Should I contest it?

[CourtClerk]

Originally Posted by Oscar1234

wrote me a minor consumption ticket anyway.

but now I have a ticket that doesn't list a charge .

Are you still hungover? How do you know it's a MIC ticket if it doesn't list the charge?

Oh... and MIC doesn't necessarily need a BAC, neither does MIP.

[Oscar1234]

I meant that it didn't list a monetary charge. I know MIC doesn't need a BAC, but what I'm really asking is: is this defeatable in court? It seems like a shaky ticket, and then the fact that he didn't bring me to the station for a blood test.

[CourtClerk]

It probably requires a mandatory court appearance, which means you can't just pay it and make it go away... the judge may like to have your license if you have one. You can fight it, but the minute the officer shows up and says he smelled it on your breath, and you refused a PBT, what's your defense again? He's a trained professional - and the fact that you preferred blood means what? That you weren't drinking?

[Oscar1234]

I forgot to say that I'm 18.

How would I know if there was a mandatory court appearance? The officer didn't say anything about it, and the ticket doesn't mention it either.

I was gonna say that I know that breathalyzers have a margin of error, and being that it was 20 degrees outside, the cold could affect the PBT enough to make it show .001 a small amount, and I wanted an accurate assessment of my BAC to prove that I was innocent.

[Red Harriston]

CourtClerk, you were rude and wrong.

Oscar's case would've been dismissed if he argued it in court. No question about it. I hope he didn't just send in a payment.

[BigMistakeFl]

OP Oscar, this is a free site, and fool is allowed to post "advice" here, including people who have no idea what they're talking about and have never bothered posting advice or a question before. This is the case with "Red" above. Note that his post to your question was his one and only post. Please disregard what he said; it's worthless and incorrect.

Refusals do not get dismissed, they are prosecuted with vigor, no question about it. If refusing worked, we'd all do that. Implied consent means just that, and refusal implies guilt. You can hire a lawyer and fight this if you choose, but you do so at your own risk, and should not do so based on the foolish advice of Red Harriston above.

[CourtClerk]

Originally Posted by BigMistakeFl

OP Oscar, this is a free site, and fool is allowed to post "advice" here, including people who have no idea what they're talking about and have never bothered posting advice or a question before. This is the case with "Red" above. Note that his post to your question was his one and only post. Please disregard what he said; it's worthless and incorrect.

Refusals do not get dismissed, they are prosecuted with vigor, no question about it. If refusing worked, we'd all do that. Implied consent means just that, and refusal implies guilt. You can hire a lawyer and fight this if you choose, but you do so at your own risk, and should not do so based on the foolish advice of Red Harriston above.

Not to mention 6 months old, and the ticket probably already has a disposition.

[Yertle8]

Originally Posted by CourtClerk

Not to mention 18 months old, and the ticket definitely already has a disposition.

I fixed it.

[college&broke]

ok so here is my dilemma. I just started at college and my 3rd night here i get a ticket for underage consumption. The problem is if i get 2 more drinking violations I will be kicked out of the dorms. So I am wondering if anyone thinks it is possible for me to go to the courthouse and try to turn the fine into community service hours and people have told me they have gotten them dropped off their records. What do you think? Am I getting yanked around here or is this possible. And yes I am done drinking for a while now.

[Indiana Filer]

Originally Posted by college&broke

ok so here is my dilemma. I just started at college and my 3rd night here i get a ticket for underage consumption. The problem is if i get 2 more drinking violations I will be kicked out of the dorms. So I am wondering if anyone thinks it is possible for me to go to the courthouse and try to turn the fine into community service hours and people have told me they have gotten them dropped off their records. What do you think? Am I getting yanked around here or is this possible. And yes I am done drinking for a while now.

The best suggestion is to stop drinking until you are old enough, and then, even if you are 21, not to drink on campus if is it not allowed.

Now, go start your own thread instead of hijacking this one. And don't forget to give the name of your state.