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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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
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 »
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 »
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 »
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.
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?
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