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Questions Answered by Thomas C Gallagher
3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a cell phone ticket a week ago. When I went to pay, it said it was my second offense. It wasn't. How do I fix this

I've never had a violation before. Do police officers ever make mistakes? Do I have to go to traffic court to sort this out?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 19, 2020

Though it might be possible to get the prosecution to correct the error without setting a court date, it could be time consuming and difficult. Setting a court appearance on the other hand may present opportunities to clear the error, and it would be easier to fix at or before the court appearance.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Yeah cuz I got another ticket and it told me I owe like 225 dollars for the ticket on the 29th that I didnt get
Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2020

If a police officer filed a traffic ticket with the court, but you never received notice of it; you can file a motion to re-open the case. The court has a form for that motion on its website. I also have a link to it on my website (traffic, speeding pages.) Call during the day with any questions.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a ticket on aug 29th and the cop told me he ran out of paper its been 2 months haven't seen it yet

Would i still have to pay for it even tho I haven't even received the ticket and I have my parents to back it up

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2020

Every now and then a police officer will exercise their discretion not to file a citation with the court, after giving one to the driver. If the court doesn't have it, you don't need to do anything. But you can go to the courthouse to do a name search on yourself to see if it did get... Read more »

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2 Answers | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: I was at a stop sign and got Tboned when I proceeded into the intersection after looking both ways. It was difficult to

See to my left because of the sun glaring in my eyes. So I proceeded with caution by letting my foot off the brake. I didn't even touch the gas peddle yet when the other car hit me. A witness said I ran the stop sign going over 30. That's a lie because I stopped for longer then required... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 11, 2020

Is there a criminal-traffic case? Or just a civil claim insurance issue? It sounds like a question looking for a complete solution. But that is just not possible in a web-based Q & A format. The most we can do here is suggest a direction or two to consider. First, notify your insurance... Read more »

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4 Answers | Asked in Criminal Law for Minnesota on
Q: Hello wondering if my probation officer has legal rights to extend my probation? My fines paid. Contacts me 2 month late

I have a violation for a medicine I was prescribed showing up as methamphetamine. I am prescribed adderall but I'm a veteran they give multiple brands of dextroamphetamine which is active ingredient in adderall. The VA has well documented uas when I went for PTSD therapy. So they know what... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 5, 2020

The court can extend probation in some circumstances. I would not assume the Probation Officer knows all that is affecting a person, such as their medical treatment without being fully informed. Many problems of probationers are due to under communication and misunderstanding. Working on... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Got a ticket in Hennepin county doing 96 in a 55, do not want it to go on record. Please respond to personal email. TY

Doesn't appear it was radared and didn't get pulled over until miles later when not going that speed. I work at a car dealer where I could lose my job if ticket goes on my record. I don't want on record and sure I wasn't going that fast.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 5, 2020

Will reply to email.

4 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Domestic assault no victim statement victim did not press charges
Thomas C Gallagher
Thomas C Gallagher answered on Oct 3, 2020

The question is not clear. Domestic assault is a serious criminal charge. Call me or another defense attorney to discuss any questions or concerns.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a ticket for going 98 in a 55 and a 6 month probation. 4 months later 2nd ticket for 10over will I lose my license

I am still on probation for the first ticket will the second one screw me over or can I fight it in court for just a 10 over

Thomas C Gallagher
Thomas C Gallagher answered on Sep 30, 2020

I'm not sure what "probation" exactly means within the context of a speeding conviction, since most are petty misdemeanors (for which probation is strictly speaking impossible.) But two petty misdemeanor speeds within 12 months would not trigger a "habitual violator"... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: can someone be charged with a danco violation without an assault charge

my ex gf assaulted me back in march 2020 and was issued a danco. since then she has violated the order twice and has just been charged and found guilty of one violation of the danco but has not been charged with the assault yet or the other violation. so im just wondering how this all works. any... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 25, 2020

Yes. In most cases, it's easier for a prosecutor to prove a No Contact Order violation, than an assault. But of course each case is different.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Declaration of Emergency - violate imposed curfew or the closing of businesses (crim/traf mandatory)

I was walking downtown to get food with my friends a few hours after Minneapolis sent out an amber alert (on iPhones) warning people that there was a curfew set. Curfew was set at 9:00 pm and we were downtown around 1:00 am. I was not in Minneapolis at the time the amber alert was sent, so I did... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 22, 2020

Most would want to keep a criminal charge from becoming a public conviction record. Lack of knowledge might be a viable defense at trial. But of course, it's better to avoid both a conviction and a trial, if possible (since a trial has more than zero risk). You maybe able to work out an... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: My son received a ticket on 8/16 in Isanti County. The ticket is still not found today 9/18 in the system.

It was for speeding and he didn’t have proof of insurance. I have looked it up online and called the number on the ticket. How long do they have to submit this information?

Thomas C Gallagher
Thomas C Gallagher answered on Sep 19, 2020

It would be too late after three years. But I would avoid calling anyone. Just wait and see. Every now and then, something happens, or doesn't, to your benefit.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How many times can a prosecutor retry me after they get a hung jury in a 1st degree drug case

And what has to happen to prove malicious prosecution. Thanks and appreciate your time all this takes place in minnesota

Thomas C Gallagher
Thomas C Gallagher answered on Sep 10, 2020

Strictly speaking, "malicious prosecution" can be a type of civil tort case, but not a defense to a criminal charge. On the other hand, a criminal defense attorney, in the right case, can raise issues of vindictive prosecution and prosecutorial misconduct, in a criminal case. You could... Read more »

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: I had a jar, a glass pipe, and lighter and less than 1.5 grams of weed. I was smoking and a cop pulled up.

he just took the jar. I gave him my id and then he wrote what looks like my license number and my DOB down. and then he said we can go on our way. What do you think will happen? he was really nice about it but he says he was going to weigh it and then destroy it and that it looks like I would be... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 9, 2020

Three possibilities: nothing (but wait out the three year statute of limitations); a Summons and charge in the mail for either "(plant-form) Marijuana in a Motor Vehicle, over 1.4 grams, or for petty misdemeanor possession of a small amount - plant-form. Sounds like your saying not edibles,... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over and I did not have my wallet on me and that has everything meaning insurance card and my license and

The rez cop told me that his printer was not working and that I was sighted for no insurance,( I do have insurance) no seat belt and speeding when I know that I was not going over 60 cuz I did have my cruise on,but the rez cop said that I was going 68 but he brought it down to 64 in a 55. That I... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 7, 2020

Wait for the ticket. With luck, perhaps the police officer decided after-the-fact to cut you a break. But if he forgot, no need to call and remind him. If you do ever get it, the no insurance should get dropped when you show proof of coverage that day. On the speed, 60 in a 55 is still a... Read more »

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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 2, 2020

If a person continues phone calls and text messages after being asked to stop, that could the basis for the person aggrieved to Petition in civil, family court for a Harassment Restraining Order. And depending upon the severity of the conduct, police may investigate and refer to a prosecuting... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 1, 2020

It's possible but would depend upon the content, the strength of the evidence, and the willingness of the petitioning party. An Order for Protection (OFP) under Minnesota's Domestic Abuse Act can be sought by anyone in a Minnesota family court division. But, the Petition must include... Read more »

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: What does this mean? F - 1 COURT/PENDING - 152.025.2 Drugs - 5th Degree Controlled Substance - Pos
Thomas C Gallagher
Thomas C Gallagher answered on Aug 31, 2020

Pending claim filed with the court of violating Minnesota Statutes Section 152.025, subd. 2, Controlled Substance crime - 5th Degree. Many implications flow from that. Call me or another experienced criminal defense attorney to discuss.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I recently failed a carding compliance check at the gas station I work at.

Let me start by saying this is my first violation for anything like this.I asked the guy for his ID and he ignored and said this is it, I had a line and just wanted to have the transaction done with and not start an argument over his ID, so I just let it slide. (I know dumb on my part, but I just... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Aug 30, 2020

In most instances, a violation of Minnesota Statutes Section 340A.503, subd. 2 (1) "to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age" is a misdemeanor crime. The maximum punishment for a misdemeanor is 90 days jail and $1,000 fine. But most will... Read more »

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: What to expect for going 171 mph in a 60 in friedley MN on 694
Thomas C Gallagher
Thomas C Gallagher answered on Aug 29, 2020

Most speeding charges are at the non-criminal, petty misdemeanor level. But some are charged at the more serious criminal, misdemeanor level, which could mean a criminal conviction record. Any speeding conviction for a speed over 100 mph results in a Minnesota revoking the driver's license... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: The answers I am getting to my questions are not helping.

1000 words is not enough to go into major details on my situation. I've tried to be straight to the point and all answers are I get require me to respond and I cant respond to the original question. How can I get answers before sept 4th?

Thomas C Gallagher
Thomas C Gallagher answered on Aug 29, 2020

A phone call to an attorney.

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