Yes, you can fight a minor consumption ticket. You would be wise not to submit to a preliminary breath test. You are under no legal obligation to submit to any field sobriety testing. The PBT test result is admissible evidence in court and can be used against you in a minor consumption prosecution.
If you agree to submit to the pen test tracking your eye movements, the officer will be allowed to testify at trial regarding the results of this test. Also, the officer is permitted to testify as to his observation of bloodshot and watery eyes and the odor of alcohol on your breath. Since any amount of alcohol in the system of a minor is a crime, the case may be difficult to beat at trial if you submitted to any field sobriety testing. So don't submit.
If you did submit to field sobriety testing, you may be better off attempting to plea bargain the case by entering into a stay of adjudication or continuance for dismissal plea agreement. By entering into these types of plea agreements, you will be able to keep a conviction off your record. It is also a good idea to be proactive by completing an alcohol assessment and attending an alcohol treatment class before the case comes to court. This show of good faith on your part will help you to negotiate a more favorable plea bargain.
If you or a friend have been charge with minor consumption, you will need an experienced criminal defense attorney on your side. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.
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