illegal consumption of alcohol

[13randon]

What is the name of your state (only U.S. law)? MN

What is the name of your state (only U.S. law)? mn

About a month ago, i was at a party, i grabbed a cold one out of the fridge and poured half into a couple of cups and we each drank the half cup of beer which is about 8 ounces because it was a 16oz. beer, it got loud and people were being too rowdy so me and a friend went outside and walked about 3/4 of a mile down the road to a marina and sat on the dock for about 15-20 minutes, we walked back and a car drove by and whipped a u-e and pulled over to us, it was an unmarked cop car, he got out and told us to stop right where we were( is that legal?), he came up to us and smelled our breath(is that legal?), he asked if we were at the party down the road and told us that he smelled alcohol on our breath(which is unlikely because we each took a dip of chew and threw in a peice of gum after we drank the beer), he then called another cop in to give us breathalyzers in which both of us blew around .0015 , we talked to the cop and we asked him if theres any way he can let us go because we were takin off to college the next week and we barely blew anything and we werent intending on getting drunk,(he said he would talk to the county attorney,which is bs because he never did),

so i have court next monday and i am wondering if there is any way the cop did anything wrong or if the judge might drop it due to the situation and because she has more important things to do(i am going because the fine is 200$ which i could pay but dont agree with so am going to try fight it)

 

[seniorjudge]

Q: he got out and told us to stop right where we were( is that legal?), he came up to us and smelled our breath(is that legal?)

A: Yes and yes.


(Hint: Chew and gum do not cover up alcohol breath.)

 

[xylene]

since you basically admited the violation, you are sunk.

Next time, be non-cooperative and refuse the breath test too.

 

[seniorjudge]

since you basically admited the violation, you are sunk.

Next time, be non-cooperative and refuse the breath test too.

What breath test?

 

[xylene]

What breath test?

he then called another cop in to give us breathalyzers in which both of us blew around .0015

That is the breath test they should have refused.

we talked to the cop and we asked him if theres any way he can let us go because we were takin off to college the next week and we barely blew anything and we werent intending on getting drunk

And that's the admission they should not have made.

 

[seniorjudge]

That is the breath test they should have refused.



And that's the admission they should not have made.

My glasses are fogging up...sorry.

 

[13randon]

What breath test?

so you are telling me that a cop can drive around, get out of his car, tell people not to move and make them breathe

 

[13randon]

and btw, there were 5 cops there(pretty much all on duty in the county) waiting for a search warrant for 3 hours to get into this minor party(which turned out with giving away 3 minor consumption tickets) if you ask me, i think these cops are lazy as "crap" and could be patrolling the roads for dui's(who actually could harm innocent peoples lives) instead of getting kids on petty "things"

 

[seniorjudge]

so you are telling me that a cop can drive around, get out of his car, tell people not to move and make them breathe

Yes. But a cop cannot make a person breathe; it is an autonomic function.

 

[13randon]

So,"judge", in your obvioustly biased opinion, there is no argument on probable cause here

 

[seniorjudge]

So,"judge", in your obvioustly biased opinion, there is no argument on probable cause here

I have no opinion at all on your case; I wasn't there.

Hire a lawyer and bring up all your defenses.