Underage drinking and driving... "not a drop" law

[studentmistake]

What is the name of your state? Minnesota. About 3 weeks ago I was at a friends house where some people were drinking. I took two shots that night. A 17 year old female friend of mine was going to drive her car drunk. I knew she was too drunk to drive, so I offered to drive her car for her. As we were driving I pulled from a side street onto a two lane road with a center turn lane. I was on the phone trying to find a ride home after dropping her off and turned into the center turn lane and then switched to the right lane. A cop was following us and pulled us over. He asked us if either of us had been drinking and I said no, when he asked us to submit the a breathelyzer I told him that I had drank 2 shots. I blew a .01 and the female blew a .08. Her car was impounded and she was taken home. I was dropped off at a gas station down the road where a buddy was waiting to pick me up. I recieved a citation for "Not a drop" as well as an "open bottle" citation because of a bottle in the back seat. I was never read any maranda rights and I know that doesn't mean the case can be dropped, but from my research I believe it does count against anything stated in the police report. I am unsure. I know how bad I messed up and I am not trying to make excuses for my actions. I admit my irresponsibility and will take full responsibility for my actions. If she drove she could have died. I am a student at a private university. I am truly a good kid, who just got mixed up with alcohol. I realized its not worth it. I researched as much as I could about the issue. I found a lot of information on presentation as well as court conduct. Also, I was given a minor consumption ticket of a .025 about 7 months ago in a neighboring county and was on probation for a year. Will these offences correspond to eachother? What can I expect to happen? Will I have a license for school and work? I am getting free legal advice through school next week. Should I hire an attourney? I wrote an appology letter to the girls mom, should I bring a copy? Is there anything I can do to help myself? I quit drinking and am currently considering getting a Alcohol Dependency Assessment, to prove the the court that I do not have an addiction. What effect will this have on my school as well as insurance. Any information will be greatly appreciated. Sorry for the length...

 

[Ozark_Sophist]

Miranda only applys to interogations. Any statements you made outside Miranda are not admissable. In your situation, miranda is not a factor. The officer had probable cause to make the stop (failure to maintain your lane). The smell of alcohol in the car. You are under age, so any alcohol is enough for a citation/arrest. At which point, the officer is free to impound the vehicle and inventory the contents prior to the tow. The open container is also admissable. You need an attorney. The upfront cost of the attorney will reduce the effect the citation has on your auto insurance, etc.

 

[xylene]

How will this probation affect the offense?

You mean how will this offense affect my probation?

What can I expect to happen?

A court date will be set and it work its way thru the legal system.

Will I have a license for school and work?

You MAY be able to get a hardship license... others with more precise knowledge will answer.

I am getting free legal advice through school next week. Should I hire an attourney?

That is a sound idea.

I wrote an appology letter to the girls mom, should I bring a copy?

Why did you apologize to the girls mom? Either you were doing the right thing or the wrong legal... Zero tolerance lwas mean it won't matter.

Is there anything I can do to help myself?

Avoid any further trouble until you are out of probation.

I quit drinking and am currently considering getting a Alcohol Dependency Assessment, to prove the the court that I do not have an addiction.

Why waste the money? Look the court isn't going to care. Blame your state legislators for treating adults like children.

What effect will this have on my school as well as insurance. Any information will be greatly appreciated.

I can't speak to your school, but your insurance will treat this as a DWI, despite the miniscule BLL, severly impacting your ability to afford and/or retain coverage. It won't matter that you were not even remotely impaired.

I think what you did was chivalrous and right. Other people (Like temperance christians, MADDers, and real victims of REAL DWI) are going to say that you life deserve to burn in hell and have your life severely manangled for at least the next 10 years for violating a state law that has no pupose or result other than damaging young people.

Hey lets employ a punitive philosphy that won't even discourage alchol use, AND totally f any person who actually drinks in moderation.

You (and I) will probably you'll get alot of flames from temperance minded christians on this board. Alot of them are just looking to get rise from you. Others have serious knowledge that you should listen to.

I would be writing hate mail to gov., not apologies to the mom who's life your might have saved.

THE PUNITIVE NANNY STATE STRIKES AGAIN!!!

 

[Bretagne]

(1) Doesn't matter what your BAC was. Your admission of drinking is enough to sustain a guilty finding under Minnesota's Not A Drop Law.

(2) The officer didn't need to give you Miranda. At the time he questioned you, you weren't in custody yet.

(3) Your drivers license will be revoked. You will be revoked for at least 30 days. You will need to retake the test and pay a reinstatement fee of $680 to get your license back. It will be up to DVS if they want to try to revoke you for longer because of your prior. You can't get a hardship permit; you just have to wait the 30 days and then get reinstated.

(4) If you're not on probation anymore for the prior, you're fine. You were probably "on paper" on informal probation to the court, so this new offense might not flag the old file. Keep your fingers crossed.

(5) Get an alco assessment, you'll probably be court ordered to do one anyway.

(6) Totally up to the school if they are going to take any action. Do you go to a "dry" school?

(7) Your insurance may spike; you'll see increased premiums for about 2 years.

(8) You can get the open bottle dismissed in exchange for a plea to the Not a Drop. But, depending on the jurisdiction there is room for negotiation here. You should try to get a lawyer to plead the misdemeanor down to a petty. A petty misdemeanor is not a crime, so you can truthfully answer "no" to the question "have you ever been convicted of a crime" on job applications and grad school apps.

Good Luck!

 

[studentmistake]

(4) If you're not on probation anymore for the prior, you're fine. You were probably "on paper" on informal probation to the court, so this new offense might not flag the old file. Keep your fingers crossed.

(5) Get an alco assessment, you'll probably be court ordered to do one anyway.


(8) You can get the open bottle dismissed in exchange for a plea to the Not a Drop. But, depending on the jurisdiction there is room for negotiation here. You should try to get a lawyer to plead the misdemeanor down to a petty. A petty misdemeanor is not a crime, so you can truthfully answer "no" to the question "have you ever been convicted of a crime" on job applications and grad school apps.

Good Luck!

4. I think that is the case... the attorney for dakota county told me I was on probation and that if she ever saw me in there again, that she would remember my face and would put it back on my record.

5. Do you know how much they cost? I can get one here at St. Thomas for $60

8. How much would a lawyer cost? Would you recommend a high payment for one... or is a court ordered attorney just as good?

Also should I bring an attorney with me to my court date or ask for a hearing? I am not sure exactly how that works.

 

[Bretagne]

4. Yep, in Dakota County I bet you got a stay of adjudication so that first offense isn't on your record.

5. If you have health insurance, your insurance will cover the cost of the assessment. The private company I use costs about $125 and it will cost you about $125 if you are ordered to do it through corrections.

8. Don't get a court ordered attorney b/c they have too great of a workload to really give you the quality time you deserve. A private attorney on a case like this in this area should be about $1000 to $1500.

If you can retain an attorney before your first hearing, chances are good that you'll only need to make one court appearance. Your attorney can enter your not guilty pleas by mail, set the matter on for pre-trial, and buy you enough time to get your assessment completed and all your ducks in a row.

 

[studentmistake]

thanks for all the information. the last question i have is about getting a copy of the report? how would i go about doing that?

 

[moburkes]

I don't have that answer. But, your insurance will surely go up for longer than 2 years. It can be nonrenewed, which in itself can subject you to higher rates with the new company. You will get surcharged for a DUI and open bottle.

xylene said that the Assessment is a waste of money, but some of the requirements of your DWI are completion of a DWI knowledge test, driver's license application, and a chemical assessment.

You may lose your license for 180 days.

 

[xylene]

xylene said that the Assessment is a waste of money, but some of the requirements of your DWI are completion of a DWI knowledge test, driver's license application, and a chemical assessment.

To clarify my point on it not making any diff / being a waste.

You are leaving out the key words - "court (or DMV) orderd" chemical assessment.

The guy isn't going to be able to short circuit what the judge / dmv will require by doing it before his hearing.

If he wants to do it for his health - great. But they (the legal system) are going to send him to a place they choose, designate or authorize - which going to before could incur costs that won't get his license back faster and could very likely cost him twice.

Also, my saying it was a waste of money was addressing the posters impression that he could soft his charges by various 'goodish' deed (Letter to Mom, Treatment for non-existant alcohol propblem...)

Taking the chem assessment won't 'count' one way or another in this case because of the one-drop-law that leaves the judge with almost no discretion in how this case will procede... That was the primary reason I advized that doing the chem/booze assement thing before the court date would be a waste of money.

 

[moburkes]

I wasn't trying to leave out key words. I figured that when I stated they were REQUIREMENTS, that he would understand that.

 

[xylene]

I wasn't trying to leave out key words. I figured that when I stated they were REQUIREMENTS, that he would understand that.

No offense intended, My only intent was/is/remains to make it clear to this guy that the court/law will control the terms, and that he can't do his punishment before his sentence - which is what his original words seem to suggest is his thoughts/intentions. Many things are required, and in this case they are going to be required in a specific order, so doing them premptively is not going one anywhere.

And even if a judge was inclined to take his self flagelatory zeal sympathetically, it would do nothing, as the judge has zero latitude owing to this crappy law.

I am trying to save this person from a laboring under a needlessly guilty mindset, because guilty or justified he will be recieving the same punishment.

I mean we could have a world were everyone age 18-21 could be compeled to take a test for alcohol metabolites... proof of consumption... more punishment... just stopping DWI... Sickening.

I don't want to live in that world, and I certainly don't have to a act grateful for chrsitian temperance / religious and moral purtianistc mindset that is turning the USA into a punitive nanny state with all the tragic consequences for liberty and freedom.

That right. I dont respect the law this guy broke, and REALLY don't respect those MADD peabrains who railroaded it up the citizens collective rear end.

 

[Bretagne]

xylene:The guy isn't going to be able to short circuit what the judge / dmv will require by doing it before his hearing.

If he wants to do it for his health - great. But they (the legal system) are going to send him to a place they choose, designate or authorize - which going to before could incur costs that won't get his license back faster and could very likely cost him twice.

No, I'm sorry but that's incorrect. He'll have the option of having a private assessment done or submitting to one performed by corrections. If he walks in with the private assessment, he'll be ahead of the game.

Maybe that's just a Minnesota thing.

studentmistake:thanks for all the information. the last question i have is about getting a copy of the report? how would i go about doing that?

Your attorney can get you a copy. Depending on the agency who pulled you over, you might be able to call them up and order a copy of the report. You'll have to pay for it, and you aren't necessarily entitled to the report unless your attorney makes the appropriate demand.

 

[studentmistake]

one last question...

i spoke to a lawyer about the issue and he said that an open bottle ticket in minnesota is treated as the same at a DUI is this true? any info would be great

 

[Bretagne]

No, the open container isn't treated the same as a DUI, but the Not a Drop is.