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Questions Answered by Thomas C Gallagher

1 Answer | Asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota on

Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »

Thomas C Gallagher answered on Jun 25, 2019

In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: I got a ticket in Dakota County for 106mph in a 55mph, i went to court and it was dropped to a petty misdemeanor & 99mph

The court stated that having it dropped to 99mph and a petty misdemeanor, that it would mean that the state DMV would not revoke my license for 6 month. No previous moving violations on my record. I just got pulled over for having a revoked license upon a trooper running my plate. He stated the DMV... Read more »

Thomas C Gallagher answered on Jun 25, 2019

Based on that description, it sounds like someone may have made an error. Check the District Court's "Register of Actions" at the Minnesota Court's website, using the court file number (case number) or citation number. Make sure it shows what it should: speeding under 100 mph. Also, call a... Read more »

3 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on

Q: How long does it take to receive a citation in the mail in MN? Also, are citations forwarded by USPS?

I unknowingly swiped a a parked car. Another person called the police, so they are calling it a hit and run, even though I never left and wasn't given the opportunity to notice and exchange insurance info.

Thomas C Gallagher answered on Jun 24, 2019

Charges, if filed, should be filed within three years. If you're lucky, maybe they never will be. Once mailed by the court, mail should arrive within a few days. If you moved, get a new driver's license with your new address; and have the post office forward your mail to the new address. If... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on

Q: can a cop keep coming to your house demanding you speak with them? and threating the home owner with jail if not

utilities was shut off and turned on. the blame the home owner but are demanding to talk to the others that live with him and take care of him. the meter is a smart meter and can only be turned on and off remotely at the utility company. the cop keeps coming and threating the owner who is 65 that... Read more »

Thomas C Gallagher answered on Jun 20, 2019

It's difficult to follow that fact pattern. A phone call might help clear that up. However, a person can refuse to talk to police. In fact, exercising your right to remain silent is almost always the best response to police questioning.

1 Answer | Asked in Criminal Law for Minnesota on

Q: I was charged with mn statute 609.857.2. I had a flashlight not a laser what can i do

Thomas C Gallagher answered on Jun 14, 2019

Defend against the charge. The statute says: "Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor." Apparently, the language of the... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Exhibition driving

I’m in the state of Minnesota I just got a exhibition driving in the city ordinance ticket classification how much is it And will it make my insurance go up

Thomas C Gallagher answered on Jun 13, 2019

You could call a "Driver Evaluator" at the Minnesota Department of Public Safety to ask whether a City Ordinance driving violation would go on your Minnesota driver's license record. It's possible it won't. If not, it shouldn't affect your license or insurance. To check on the amount of the... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on

Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court

Thomas C Gallagher answered on Jun 10, 2019

My past traffic clients have wanted to keep the violation off of their Minnesota driver's license record. And I've been successful in helping them do that more than 90% of the time. Therefore, I would say: yes, it's possible. The defense is not obligated to give the prosecutor a heads-up about a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on

Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later

Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: issued a citation for speeding shortly after crossing a state border and entering Minnesota where speed limits vary.

Our speed limits change from 55, 60 or 65. If the location listed on the citation isn’t accurate how can he defend himself in court to prove otherwise? Would this be grounds to void the citation?

Thomas C Gallagher answered on Jun 6, 2019

Yes. Minnesota Statutes require posted signs for speed limits on a highway before a person can be held responsible for them. The location listed on the citation may or may not be accurate, and that might help the defense depending upon other factors, at trial. However, an inaccurate location on... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on

Q: Q: What is the punishment for cursing (disorderly conduct

Thomas C Gallagher answered on Jun 5, 2019

Minnesota Statutes Section 609.72 Disorderly Conduct is a misdemeanor crime, with a maximum of 90 days jail, and one year probation. Profanity alone can be defended as free speech.

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1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on

Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on

Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a... Read more »

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: MY SON gared ticket for Violates one passenger restricción. He was cites for the offense. Him can loose the Drive per.

Thomas C Gallagher answered on Jun 4, 2019

I'm not quite sure what the question is here. But, a person charged with a traffic violation should fight it in court. Most people wish to prevent a conviction, which could trigger consequences such as temporary revocation of driver's license.

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court

Thomas C Gallagher answered on Jun 1, 2019

It would not make it an easy win. I would be able to carefully use that to a client's advantage, however.

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2 Answers | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Minnesota on

Q: I am MN licensed to carry a firearm. Can I shoot an unleashed dog in defense for attacking me or my leashed dog?

If I am in public within the city limits in any of the Metro area cities.

Thomas C Gallagher answered on May 29, 2019

Not without legal risk. As lawyers we consider how the law may apply to hypothetical facts (1) in the past; and (2) in the future. When the case is being litigated in court, it's almost always about the past. Past facts can't be changed, though we may have problems of proof. On the other hands,... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I am facing a felony drug charge in minnesota. Thoughts on hiring associate attorney for $4500 to represent me

Thomas C Gallagher answered on May 24, 2019

That's pretty vague. Perhaps you'd like to discuss in a phone call? If so, I'd be happy to. For now, I'd point out that a felony drug conviction closes careers doors, precludes job opportunities, and significantly reduces future income stream for decades into the future.

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2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Can u get charged for a ticket you got nine years ago? Is there a statue of limitations on traffic violations

When I went to the court house to see how much a fine I had was, when the lady looked me up she said I had a ticket from nine years ago and I had to go to court. So I was wondering if there was statue of limitations for traffic violations

Thomas C Gallagher answered on May 21, 2019

There is but the statute of limitations for prosecutions limits the time available for filing a criminal or traffic violation charge with the court. It sounds like the tab charge was filed shortly after the date of alleged violation, but you may not have been aware. In that situation, the... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on

Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court

Thomas C Gallagher answered on May 21, 2019

Maybe. The issue maybe the identity of the speeder. The police officer may have seen a speeding vehicle. But that may not have been your vehicle. This is an identity defense. If the police officer identifies a different vehicle than yours, that evidence supports that defense. Your lawyer... Read more »

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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on

Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »

Thomas C Gallagher answered on May 18, 2019

There isn't much benefit to speculating about the motivations of police or prosecutors. But, there is a lot you can do to help her get the no contact order dropped, and then get the charges dropped. To find out more about that, call me.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on

Q: I am making a presentation on Ford V. Wainwright for school, can I get some assistance?

One of the things that we have to clarify is the order of cases and appeals. We need to start with the original case, working up all the way through Ford V. Wainwright. Would you be able to help me with this?

Thomas C Gallagher answered on May 10, 2019

I'd suggest visiting a law library. You may get some help there.

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