Can you file a deferred disposition for a minor in consumption citation?

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Can you file a deferred disposition for a minor in consumption citation?

The other day I received a citation for minor in consumption. I’m 18 years old with a perfectly clean record and I want to keep it that way. I was wondering if it’s possible and very likely to get deferred disposition for this case? I took a breathalyzer and blew .134 not sure if that matters since deferred disposition involves a plea of guilty anyway?

Asked on July 31, 2011 Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best person to ask this question to is an attorney in your area.  And given the law in Minnesota, I would not consider going to court without some one watching your back. 

Minnesota Statute Section 340A.503 states that it is illegal for a person under the age of 21 years old to consume any alcoholic beverages.  However, the statute also states that it is an affirmative defense to a violation of this clause if the defendant can prove that the defendant consumed the alcoholic beverage in the household of the defendant’s parent or guardian and with the consent of the parent or guardian. 

Seek help here.  You are right: you have your whole life ahead of you.  You do not want to go through it with any blemishes. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best person to ask this question to is an attorney in your area.  And given the law in Minnesota, I would not consider going to court without some one watching your back. 

Minnesota Statute Section 340A.503 states that it is illegal for a person under the age of 21 years old to consume any alcoholic beverages.  However, the statute also states that it is an affirmative defense to a violation of this clause if the defendant can prove that the defendant consumed the alcoholic beverage in the household of the defendant’s parent or guardian and with the consent of the parent or guardian. 

Seek help here.  You are right: you have your whole life ahead of you.  You do not want to go through it with any blemishes. 


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