Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Thomas C Gallagher

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: Is there a length of time the state of Minnesota, anoka county specifically, has to collect a fine if I dont pay it?

I went to get my Florida drivers license but was refused because of a fine that went supposedly unpaid from 2011, 8 years ago. But I was issued a license from Minnesota and traded it for Texas when I moved. 7 years later, Florida wont licence me because of an old fine.

Thomas C Gallagher answered on Aug 19, 2019

I'm not aware of any legal time limit. There might eventually come a time when they let it go. Maybe. But generally if one state revokes or suspends a drivers license,that driver won't be able to get another in a new state; until they clear it in the original state. If it were me, I'd need to... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Thomas C Gallagher answered on Aug 12, 2019

A person who lives in a home can lawfully ask a person who does not live there to leave. If they don't, police will respond to a 911 call to escort the trespasser out. But, if a child would ask a guest of the responsible adult in the home to leave, the guest could lawfully stay with the consent... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on

Q: In MN, if you plead guilty on advice from attorney, can you file an appeal / post conviction?

The person did not commit the crime, it was told to tak the plea, admit guilt to avoid going to trial and chance being sentence longer. Can the person file an appeal or a motion for post conviction

Thomas C Gallagher answered on Aug 10, 2019

Yes, it's possible though such an appeal motion maybe time barred if not made soon enough. Under most circumstances, a court will not allow withdrawal of a plea or a new trial after a plea. But it would depend upon the facts of the particular case.

3 Answers | Asked in Traffic Tickets for Minnesota on

Q: My son (28 yrs old) was in an accident and was mailed a ticket for failure to yield to right away.

The box was checked endangerment of life and/or property He was turning left on a flashing yellow arrow and did not see the vehicle coming the other direction. He was clearly in the wrong. Both vehicles involved are commercial motor vehicles. The other driver was taken by ambulance and... Read more »

Thomas C Gallagher answered on Aug 8, 2019

If you look at the Register of Actions for the case on the Minnesota courts website using the citation number or court file number, you'll likely see that it's a misdemeanor criminal charge. Some traffic violations are charged as crimes. The maximum penalty for a misdemeanor is 90 days jail.... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: can you be arrest for not sign a ticket in Minnesota and why?

Thomas C Gallagher answered on Aug 3, 2019

Generally, no. A traffic ticket is sometimes called a uniform citation, but is a type of Summons to respond to a court action. Though misdemeanors can be tab charged by police and initiated with a "ticket" or citation Summons, most often people are charged with petty misdemeanors this way. Like... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Son driving my car in MN Pass lane, didn't know the transponder was off. Stopped and ticketed. Options to contest?

Thomas C Gallagher answered on Jul 31, 2019

I would try to determine if this is a violation that could trigger a license revocation (if too many within a year, for example), or an increase in insurance rates. If so, I would set a goal of keeping it off my driver's license record. The way to do that is through the court - by preventing a... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on

Q: How do I initiate a court hearing to take care of a warrant without turning myself in?

Need to set up a court hearing without turning myself in. Case is in MN, I reside in SD and have absolutely no way there. I was “formally charged” by complaint warrant for a crime I did not commit. I have stable job, stable home, and have absolutely no way to get to MN to even do such as I... Read more »

Thomas C Gallagher answered on Jul 30, 2019

Generally, the way to clear an arrest warrant is to get booked into jail on the warrant. That will clear the warrant immediately. Most warrants are "body only." But some Minnesota warrants may have a pre-set bail on the warrant. For those, you can post the bail to clear the warrant and get a... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on

Q: I need help regarding an unlawful Detainer I need to file. I want to know what to say or not say in court.

I have someone who lives above my garage. I gave him thirty days notice to vacate. I'm tired of his drunken behavior. He has not even packed. He is waiting to see what I do. I want to file an unlawful Detainer. I want him out.

Thomas C Gallagher answered on Jul 27, 2019

This is not a criminal law question. It is a landlord-tenant law question.

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Letter for license being suspended for no proof of insurance.

My son was ticketed for running a red light. He couldn’t find his insurance card at the time of the stop and now has received a letter stating his license will be suspended for 30 days. He can prove he had insurance, he’s never had a lapse in insurance and he has a clean driving record. If he... Read more »

Thomas C Gallagher answered on Jul 27, 2019

It sounds like he must have been convicted of no insurance, by the court. The solution is to undo that conviction, in court (not the "Minnesota Department of Public Safety"). He can download a form from the Minnesota courts website for a "Motion to Withdraw Guilty Plea." He will need to find and... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Is there a way to remove or request to remove the "Violate Restriction of DL" from my records for MN drivers?

I got a ticket for "VIOLATE RESTRICTION OF DL" for driving on Instruction permit only without the presence of License holder in car. I had the valid insurance though and it happened 1 years back. I already paid the fine but i want it removed from my records now. Is there a way to get it removed?

Thomas C Gallagher answered on Jul 24, 2019

You could try an expungement. But a motion to withdraw plea could be easier and more effective. After filing the motion with the court, at the hearing, you or your lawyer could try to negotiate a guilty plea to a different, amended charge that would not affect your license. (Though, it's unclear... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on

Q: I violated my probation with a dirty UA my PO issued a warrant and the warrant says stay of execution of sentence. Am I

Going to prison for 15 months for 5th degree possession then

Thomas C Gallagher answered on Jul 24, 2019

A stay of execution of a sentence imposed is a type of "probation," with conditions. If a probation officer alleges that a probationer violated a condition, he or she can ask the judge to sign an Arrest and Detain Order (essentially an arrest warrant), and initiate the process for a court hearing... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: Is there a statue of limitation on how long the police officer has to file a speeding ticket?

My son got a speeding ticket in May for going 40 in a 30 in MN. When trying to pay it the court house could not find it. We had waited the 7 business days. We also called the number that it gives on the paper citation and they couldn’t find it either. We called the court house again and they... Read more »

Thomas C Gallagher answered on Jul 23, 2019

Usually three years, under Minnesota Statutes Section 628.26. But in my view, everyone should always fight every speeding ticket. Why not? What's the worst that can happen? It goes on your driver's license record. The only possibility of preventing that is by fighting it. If he has a clean... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Can my son get a license in WI without triggering his his suspension in MN it’s been over 10 years. WI resident.

He has several driving after suspension in MN. Suspended for child support which has been cleared up for many years. But the tickets were never cleared up. He has lived in WI for over 10 years. He also failed to fulfill his probation requirements for a bogus domestic abuse case. He isn’t sure if... Read more »

Thomas C Gallagher answered on Jul 20, 2019

Driver's license: Minnesota and Wisconsin have both passed the model Interstate Compact on Driver's Licenses. As a result, they report violations of residents to each other. He may have to clear his Minnesota license suspensions before Wisconsin will give him a license. But, he could apply for... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: I was issued a citation for speeding however the vehicle listed on the ticket is not mine. Can I get this dropped?

Thia was in clay county mn. The ticket also says i was exceeding 70 mph in a 55 mph zone and i was not. The officer even told me i was only going 69.

Thomas C Gallagher answered on Jul 19, 2019

The police officer listing the wrong vehicle will not automatically result in the charge being dismissed. But a good lawyer may use that to support a misidentification defense. The prosecutor must prove to the judge's satisfaction at trial, that the speed was over the speed limit, and that the... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: Deprivation of Parental Rights. It has been 585 days since 3rd Party Custodian allowed Mother to see/speak to daughters

Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and always helped her father abuse us.... Read more »

Thomas C Gallagher answered on Jul 17, 2019

Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Landlord - Tenant and Probate for Minnesota on

Q: What Minnesota law was broken if a deceased person's property was removed before 30 days had passed?

Nothing was filed in Probate. No executor nor representative was appointed. As far as I can tell, no one had a legal right to even enter the deceased person's apartment, let alone remove all property.

Thomas C Gallagher answered on Jul 16, 2019

As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal property of a... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: What does it mean when a (gm) case says warrant recalled, then warrant return of service. Both on the same date.

The case then has the next court appearance for two month later. Does that mean a warrant was issued but is not issued anymore?

Thomas C Gallagher answered on Jul 15, 2019

It's difficult to know without seeing it. But there is never a future court date and an active arrest warrant at the same time. If the court has a future court appearance scheduled, that means there is no more active warrant.

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on

Q: I got a speeding ticket in Hennipen Co., MN, for 88 in a 55 mph zone. What are the penalties I’m facing?

The “Endangering life and property” box is marked, and have to appear in court because it was over 30 mph over the speed limit. What kind of fine am I looking at? Am I in danger of having my license revoked? This is my 2nd ticket in 11 months, 1st of this magnitude.

Thomas C Gallagher answered on Jul 14, 2019

Check to see if it is charged as a misdemeanor. A misdemeanor is a crime with a maximum 90 day jail sentence. Jail is rare for speeding, however. A person's driver's license can be revoked or suspended as a "habitual violator," based on the number of driving violations within one or three years,... Read more »

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: Was driving home at night got pulled over where the trooper shined her spotlight in my side mirror directly in my face

Would that be considered assault of some kind due to me asking her to turn it off and she refused and or what can be done about it

Thomas C Gallagher answered on Jul 11, 2019

Most police do that. I'm not aware of any legal remedy to stop it. You could adjust your mirror, so that it does not reflect into your eyes.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?

Thomas C Gallagher answered on Jul 11, 2019

If you are properly served a subpoena to appear, and if you do then appear at the trial, then you will be legally ordered to testify or be held in contempt. But in most domestic criminal cases with only one prosecution witness, if that witness does not testify the charges may be dismissed. And... Read more »

View More Answers

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.