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Questions Answered by Lucas Wynne
1 Answer | Asked in Education Law for North Dakota on
Q: You My son is 12 years old he is in special education in school another student brought a ninja throwing star to school

You

My son is 12 years old he is in special education in school another student brought a ninja throwing star to school my son bought the ninja throwing star from his friend and was caught with the ninja throwing star later that day I am told there will probably be legal charges at a police... Read more »

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

At worst it will be a juvenile case. You should likely speak with a lawyer if that occurs.

1 Answer | Asked in Divorce for North Dakota on
Q: Spouse refusing to sign uncontested divorce. How do I go about filing in North Dakota? We have no kids, and no assets.

My spouse told me if I filed she’d sign. She now tells me she’s not signing anything. We have no kids, and no assets at all. Been married 2 years. I’m trying to file electronically in ND, but don’t know what type of forms I need to file as the clerk can’t advise, and self service site... Read more »

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

I understand you believe you're capable of doing this yourself, but it seems the reality is that's not going to be possible because: 1) She refuses to sign; and 2) You can't file a divorce uncontested because, factually, it's not if the other person refuses to sign. You should... Read more »

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can an officer give someone a citation for DUS without performing a traffic stop.

Was given two citations for driving under suspension at my house without ever being pulled over by an officer.

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Yes, an officer can. Will it hold up to the scrutiny of a judge or jury? That depends on whether it can be proven you were actually driving under suspension.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: How do I start the parenting plan process when I know that second party will not agree or sign.
Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Hire a lawyer and force the other parent's hand.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for North Dakota on
Q: A search warrant was issued for two motel rooms looking for contraband or anything related to use n distribution of a

controlled substance! They were looking for a certain Jane Doe but she was not listed on the search warrant! Only two room numbers were listed. One was her room n the other room next door was another guest entirely unrelated to the case. Was the warrant legal for two rooms looking for Jane Doe’s... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 10, 2022

Not enough information, an attorney needs to see the totality of the evidence to determine if a motion may be filed.

1 Answer | Asked in Uncategorized for Minnesota on
Q: Hey, I’m curious as to the legality of say a tow truck coming to tow my car as it is a 4 wheel drive

Also, I live in a trailer park which office is closed until Tuesday. I just moved in and the neighbor said to me I’ll be sure it gets towed

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

If your question is whether it's legal to tow a four wheel drive vehicle: yes.

2 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was... Read more »

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will... Read more »

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1 Answer | Asked in Small Claims and Criminal Law for North Dakota on
Q: what happens if money seize from raid was off in amount.. and memory card of camera taken. but not on evidence list.

before being raided. i was about to run to the bank to deposit money. i had counted the amount i had in hand. it was 11830$. but only 10500$ was on teh evidence.. as soon as they had me in handcuffs in my room. seein i had money layin out.. i had camera up. i smerkly said dont do something... Read more »

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Civil forfeiture is generally a separate proceeding if you're contesting it - but if they outright stole your money and are wondering what will happen the real answer is nothing unless you do something about it. What would you do? Likely ask the BCI to open up an investigation.

1 Answer | Asked in Family Law for North Dakota on
Q: If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together

If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together and he is not aware of it he hasn't been born I'm asking if he will get her or will cps take her. I'm in north dakota and he's In Minnesota. I lost my rights to my... Read more »

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Automatically? No. You should be highly concerned, however, of any potential criminal ramifications this may have.

1 Answer | Asked in Criminal Law for North Dakota on
Q: can they get a search warrent for a hotel room if you where just a visitor and you left and not the guest '

boyfriend got stop in a traffic stop they illegally searched him and made him get out of the car asked him where he came from he said he was visiting a friend at a hotel room so then they got a search warrent for the room that wasnt even his because they thought they would find drugs there and it... Read more »

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Maybe. This is too detailed of a question for an attorney to answer without having first seen the evidence in the case.

1 Answer | Asked in Uncategorized for North Dakota on
Q: If I did not give consent for the police to search my vehicle but my passenger did is that legal
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Here's the better question: is that the only basis the police had for the search? Even if it was an illegal search, illegality will not be found just because you want it to be found. Instead, you will need to compose, file, and argue a successful motion - which is difficult for any... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: illegal search and seizure

boyfriend got stop for a traffic stop they came to his window and asked him to come out of the car to pat him down just because he had a conviction of a firearm 5 years prior they frisked him and didnt find anything then they said the reason was because they seen a crown royal bag sticking out of... Read more »

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You likely need the squad car video to determine if there was an illegal search and seizure under the US Constitution. Even if there was, you cannot simply orally tell the judge about the issue - you have to make a motion, which is difficult to do if you're not an attorney.

1 Answer | Asked in Criminal Law and Civil Rights for North Dakota on
Q: Do I have to partispate in the 24/7 program giving urine samples in order to be out on bond. If I am not yet convicted
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

If the judge ordered it, then yes. However, you have the right to a bond review hearing.

1 Answer | Asked in Uncategorized for North Dakota on
Q: Should I plead guilty for minor in possession of alcohol? Do MIC convictions go away?
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You should likely try to negotiate something called a deferred imposition of sentence if at all possible.

1 Answer | Asked in Car Accidents for North Dakota on
Q: In an accdnt w a semi head-on I thnk it ws his fault he says ws mine I got the ticket how do I fight it

I ddnt hv ins and i wsnt drunk but smelled like alcohol. Recklesd driving was my ticket

Lucas Wynne
Lucas Wynne
answered on Feb 18, 2022

When I am helping clients fight trucking accidents, the first thing I ask is which party was liable. Being cited for reckless driving does NOT mean you will necessarily lose your case. The best way to determine if you have a claim is to call an attorney like myself who handles injury cases.

1 Answer | Asked in Uncategorized for Minnesota on
Q: I got pulled over three weeks ago and still haven't received a citation in the mail how long to they have
Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

I’d make sure there’s not a warrant out, it could have been mailed to the wrong address.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: what is the normal sentence for violations of 97B.045?

1. Traffic - 3rd Deg DWI - Operate Motor Vehicle Under Influence of Alcohol (Not applicable - GOC) 169A.20.1(1) Gross Misdemeanor 11/08/2021

Addtl Statutes: Traffic - DWI - Third-Degree Driving While Impaired; Criminal Penalty

2. Traffic - 3rd Deg DWI - Operate Motor Vehicle... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

It depends on your county and whether this is a first offense. It’d be better to speak with a lawyer.

1 Answer | Asked in Civil Rights and Constitutional Law for North Dakota on
Q: Legal complaint filed, time frame police are to investigate notify you

No

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

The statute of limitations depends on the crime.

1 Answer | Asked in Collections for North Dakota on
Q: I have been "sued" by a debt collector but they didn't file with the court, they only served me. Is something off?

I received a Summons and Complaint for District Court in ND from a debt collector alleging I owed a debt. When I presented to the district court to file my declaration of service on the plaintiff, my affidavit of service, and Answer I was told the court had no record of the suit. The debt collector... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

Hard to tell. In North Dakota, you can serve a lawsuit and file it later. So you could be sued before the person or company suing you files it with the court.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: 2nd dui. 2 year suspension. 1 yr down. Can I get points off to lift restriction?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

A defensive driving course can take points off your license. However, this will not get your DUI-related suspension reduced. Your best bet may be to get a temporary restricted license while you're waiting to be eligible for renewal.

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