Minneapolis, MN asked in Criminal Law for Minnesota

Q: I was pulled over because of a gas station workers call to police

I pumped gas, went into gas station and charged my cell phone for about 20 min and made a purchase. When I left the gas station and got onto the main road, the police had their lights on and pulled me over. There was no driving infraction, the officer told me specifically they pulled me over due to a phone call from the gas station. Is that able to stand up in court if the worker made their own judgement as to whether I was drunk (I was .13 and it was 1 am in the morning) when there was no incident in the gas station to prove that?

Related Topics:
2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: It depends on the information that the gas station attendant provided to law enforcement. Law enforcement is permitted to rely on such calls as a basis for the traffic stop. But it is difficult to answer in a vacuum without access to the police reports or audio of the phone call that was made to 911 or law enforcement. You should retain an attorney to assist you in addressing this legal issue.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I refer to those type facts as "tip stop case." I've won many, but it will depend upon the level of detail and content of the tip call. Everyone should fight every DWI, so you'll need a DWI lawyer. And the Minnesota laws have short deadlines, so do so quickly. Also, sometimes we can get early reinstatement of the drivers license pending the implied consent hearing. Bottom line? Hire the best DWI defense lawyer you can, as soon as possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.