My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... Read more »
answered on Apr 13, 2023
It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... Read more »
The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... Read more »
answered on Mar 3, 2023
It sounds as if you did not challenge the implied consent revocation of your driver's license. The time frame to do that has long since expired. You now have an alcohol related driver's license revocation on your driving record. You will need to pay the reinstatement fee and meet all... Read more »
The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... Read more »
answered on Mar 2, 2023
Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... Read more »
If so is this recently recognized by the scientific community as factual information?
answered on Jan 11, 2023
To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... Read more »
So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... Read more »
answered on Nov 2, 2022
I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... Read more »
answered on Sep 22, 2022
It depends on what you are doing. I agree with my colleague that being underage and high is a huge issue if you are driving, operating or physical control of a motor vehicle. Additionally, you get high from using some sort of substance that is illegal for you when you are a minor. Presumably,... Read more »
answered on Sep 21, 2022
In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »
I want to write my state representative about the situation that I am in and need to know what those numbers stand for so my letter to him is one that I and he understand.
answered on Dec 13, 2022
That is a reference to subdivision 1(2) of the DWI statute which is Minn. Stat. 169A.20.
answered on Jul 10, 2022
Sure, most jobs aren’t going to do a warrant check. But the better route would be to work to clear the warrant.
How do I handle this and prove it, I have a witness to most of the lies and edited parts left out.
answered on Apr 19, 2022
You get an attorney. There will be an attorney prosecuting you. Don’t fight this battle alone. It won’t be a fair fight.
They can sieze your car for a second DUI with a test refusal how can they do that if u tecnicly one havee one cause u haven't plead guilty to the second one yet
answered on Apr 7, 2022
Presumably you have the implied consent license revocation from your first DWI on your record. But you certainly need an attorney to address this issue along with all the other issues that accompany a DWI case.
I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »
answered on Apr 6, 2022
This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of... Read more »
The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?
answered on Mar 14, 2022
There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the... Read more »
I was unable to continue virtual while waiting she discharged me I contacted probation right away he said to get another assessment done and violated me they want me to do 90 day I already served 22 days I denied violation I have court feb 14 for hearing I did assessment he asked for what should... Read more »
answered on Jan 31, 2022
There appears to be a lot missing here. You indicate that you were unable to continue virtual treatment. Why? Have you done another assessment? What were the recommendations? Have you started to follow the recommendation? Doing that would be a good start to avoiding jail time.
Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.
answered on Jan 21, 2022
You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.
I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »
answered on Sep 17, 2021
I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... Read more »
They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.
answered on Aug 24, 2021
Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.
By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »
answered on Jun 28, 2021
The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... Read more »
The first time I’ve heard of jail time for the first DUI. In regards to this matter
answered on Apr 17, 2021
Sounds like you’re looking at jail time. Do you have a question?
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