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Questions Answered by Lucas Wynne
1 Answer | Asked in Criminal Law and Civil Rights for North Dakota on
Q: Do I have to partispate in the 24/7 program giving urine samples in order to be out on bond. If I am not yet convicted
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

If the judge ordered it, then yes. However, you have the right to a bond review hearing.

1 Answer | Asked in Uncategorized for North Dakota on
Q: Should I plead guilty for minor in possession of alcohol? Do MIC convictions go away?
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You should likely try to negotiate something called a deferred imposition of sentence if at all possible.

1 Answer | Asked in Car Accidents for North Dakota on
Q: In an accdnt w a semi head-on I thnk it ws his fault he says ws mine I got the ticket how do I fight it

I ddnt hv ins and i wsnt drunk but smelled like alcohol. Recklesd driving was my ticket

Lucas Wynne
Lucas Wynne
answered on Feb 18, 2022

When I am helping clients fight trucking accidents, the first thing I ask is which party was liable. Being cited for reckless driving does NOT mean you will necessarily lose your case. The best way to determine if you have a claim is to call an attorney like myself who handles injury cases.

1 Answer | Asked in Uncategorized for Minnesota on
Q: I got pulled over three weeks ago and still haven't received a citation in the mail how long to they have
Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

I’d make sure there’s not a warrant out, it could have been mailed to the wrong address.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: what is the normal sentence for violations of 97B.045?

1. Traffic - 3rd Deg DWI - Operate Motor Vehicle Under Influence of Alcohol (Not applicable - GOC) 169A.20.1(1) Gross Misdemeanor 11/08/2021

Addtl Statutes: Traffic - DWI - Third-Degree Driving While Impaired; Criminal Penalty

2. Traffic - 3rd Deg DWI - Operate Motor Vehicle... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

It depends on your county and whether this is a first offense. It’d be better to speak with a lawyer.

1 Answer | Asked in Civil Rights and Constitutional Law for North Dakota on
Q: Legal complaint filed, time frame police are to investigate notify you

No

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

The statute of limitations depends on the crime.

1 Answer | Asked in Collections for North Dakota on
Q: I have been "sued" by a debt collector but they didn't file with the court, they only served me. Is something off?

I received a Summons and Complaint for District Court in ND from a debt collector alleging I owed a debt. When I presented to the district court to file my declaration of service on the plaintiff, my affidavit of service, and Answer I was told the court had no record of the suit. The debt collector... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

Hard to tell. In North Dakota, you can serve a lawsuit and file it later. So you could be sued before the person or company suing you files it with the court.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: 2nd dui. 2 year suspension. 1 yr down. Can I get points off to lift restriction?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

A defensive driving course can take points off your license. However, this will not get your DUI-related suspension reduced. Your best bet may be to get a temporary restricted license while you're waiting to be eligible for renewal.

1 Answer | Asked in Consumer Law for North Dakota on
Q: Does Walmart need probable cause demand my receipt as I am walking out the door?

The only thing I could find in the century code was If you set off the electronic detection, that is probable cause. If I have been thru the checkout, paid for all my Items. the items and receipt are now my personal property. Any involuntary search without probable cause should not be legal,... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

No, probable cause is a standard for law enforcement rather than Walmart employees. Further, probable cause is the standard to make an arrest or obtain a warrant. In your scenario, neither is occurring. The phrase you might be looking for is "reasonable suspicion."

1 Answer | Asked in Uncategorized for North Dakota on
Q: How can i get a restraining order in ND? Ive been physically assulted by 2 girls and i don't know what they be charged a

I had 2 girls making treats to hurt me and i barely know them. Two days ago they have jumped at me and i have been physically assulted harassed and stalked. I dont know when prosecutor will charge them but i would like to file a restraining order and i dont know first girls full name or any... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

You should file a police report. If there is a criminal case filed against them or a juvenile case, it will likely come along with an order prohibiting contact. Otherwise, you'd need to go to the courthouse and request a restraining order.

1 Answer | Asked in Child Support for North Dakota on
Q: How can you stop child support in North Dakota, if both parties financially care for the child and don't want it?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

The answer is that you can only completely do away with child support if the parents have equal residential responsibility of a child and incomes which result in a child support obligation of $75 or less and you are granted court approval. Otherwise, the only way to get anywhere not having an... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Criminal Law for North Dakota on
Q: If the search warrants are quashed,should you still be charged or should it have been dismissed
Lucas Wynne
Lucas Wynne
answered on Jan 9, 2021

This is highly dependent on what other evidence exists.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Does a father have as much custody as the mom without going to court yet? In ND.

The mother wont let the father see his daughter. The mother moved to a different town farther from him and she is denying him his rights to see her. No court order has been made yet but she hasnt talked to him since July and she ignores every message she sends him. She also has him blocked on... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Without a court order, neither has many rights (if any) at all. Time to file a custody proceeding.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

No

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Can i sue my last landlord for $2000 payment we agreed upon for moving out early and can i get interest for late payment

We recently moved out of a duplex due to the place being sold by the landlord and the new owner wanted to live in the basement where we were living, we agreed to break our lease and move out for a payment of $2000 as well as our security deposit back as long as no damages occured. we got the... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Likely, get a lawyer.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: What is the time limit for any dog to be outside in minus degree weather in North Dakota ? 24/7
Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

I am unaware of any such law. However, you could likely find yourself with an animal abuse charge for keeping a dog out in cruel conditions.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Calif License, in North Dakota citied for doing 75 in a 65. Best way to get ticket dismissed, insurance cant find out.
Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Insurance can find out before any judgment is rendered on the ticket, so you're out of luck there. Best way to get the ticket dismissed is to challenge it if they, in fact, cannot prove you were speeding.

1 Answer | Asked in Child Support, Securities Law, Social Security and Tax Law for North Dakota on
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?

I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are... Read more »

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Although you cannot avoid taxes, you may want to look into trusts in South Dakota.

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