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Questions Answered by Jonathan Matthew Holson

2 Answers | Asked in Traffic Tickets for Minnesota on

Q: State trooper pulled over wife in town for not wearing seatbelt

She was leaning forward in car and stated he did not see seatbelt when next to her. She was pulled over and license was in baby bag behind her. She removed seatbelt while stopped and reached back to get it. When officer arrived stated that he stopped her due to not wearing seatbelt and when she... Read more »

Jonathan Matthew Holson answered on Sep 14, 2019

This is really a credibility issue between your wife and the officer. But in all likelihood, she could keep this off of her record via a conversation with the prosecutor. The question really is whether you want to hire an attorney to fight the citation, but her explanation certainly makes a lot... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on

Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »

Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for Minnesota on

Q: "At-fault" accident, Petty misdemeanor citation, full coverage-SF, no tickets past 10yrs. benefits outweigh atty fees?

Just trying to find out if I can get an advocate near MSP South metro area to help my mother through this rear-end accident. Willing to pay if short/long-term benefits outweigh upfront cost.

Jonathan Matthew Holson answered on Sep 5, 2019

You don't provide enough information. Feel free to call my cell - 612-401-5488

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2 Answers | Asked in Criminal Law for Minnesota on

Q: What can I do, if anything, to help my daughter? I have been told that she is an adult and there is nothing I can do.

My daughter, age 23 and homeless, is a daily IV user of heroin (now laced with fentanyl) and is facing trial for felony drug charges on Sept. 23rd. I fear she may die before the trial! She has mental health issues from a very traumatic childhood, which lead her to drug use, and in my opinion is... Read more »

Jonathan Matthew Holson answered on Sep 4, 2019

It's not clear what help you are looking for. You could certainly contact Human Services and see if they will pursue a civil commitment, but I do not know if she meets criteria for civil commitment or not.

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1 Answer | Asked in DUI / DWI for Minnesota on

Q: who do you contact to have a MN DL suspened for an UI in WI? person has lived 8 yrs in WI but just renewed MN lic?

A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.

said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »

Jonathan Matthew Holson answered on Aug 22, 2019

If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your... 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?

Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

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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 »

Jonathan Matthew Holson answered on Aug 8, 2019

The charge is a misdemeanor which is triggered by the endangered life or property designation. This makes the offense a crime which carries potential jail time. He has the option of applying for a public defender on the date of his hearing or hiring a private attorney before then. There could be... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on

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

Jonathan Matthew Holson answered on Aug 2, 2019

This question is awfully vague and consequently cannot be answered intelligently. Can you provide more information?

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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?

Jonathan Matthew Holson answered on Jul 31, 2019

Go to court and see if you can keep it off of your son's record. If his driving record is reasonably clean, the prosecutor will likely agree to a disposition whereby nothing goes on his record. You may be able to do even better if you can establish that he had the transponder and simply did not... Read more »

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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 »

Jonathan Matthew Holson answered on Jul 30, 2019

Your only option is to get an attorney on board. But if you are innocent, the matter will likely require a trial. That means coming back to MN.

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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 »

Jonathan Matthew Holson answered on Jul 27, 2019

Sounds to me as if he must’ve plead guilty to the charge. He will have to seek a plea withdrawal to avoid the suspension period. He should contact an attorney for help.

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1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on

Q: I would like to date a man (35),who is a vunerable adult . Can I get in any legal trouble for being with him?

His disability is bipolar, and, anxiety. I've known him for over 10 years.

Jonathan Matthew Holson answered on Jul 27, 2019

You don’t provide enough information to provide a good answer to this question. Bipolar and anxiety would not typically make someone e a vulnerable adult on their own. There must be more going on here.

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?

Jonathan Matthew Holson answered on Jul 24, 2019

Paying the fine is the equivalent of a guilty plea to the charge. Getting it off of your driving record would require that you pursue an expungement.

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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

Jonathan Matthew Holson answered on Jul 24, 2019

No that does not mean that you are going to prison. It is stock language that ends up on a probation violation. Typically, the formal violation report will provide a recommendation of how long that you serve for the violation.

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1 Answer | Asked in Criminal Law for Minnesota on

Q: How do I find out the procedure the agencies in my area are to follow when executing a search warrant?

For example, does more than one agency have to be present to keep everyone accountable?

Jonathan Matthew Holson answered on Jul 21, 2019

There is never a requirement that multiple agencies be present as far as I know. The execution is fact dependent upon the area/item being searched, what the search is for, etc.

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 »

Jonathan Matthew Holson answered on Jul 21, 2019

He will need to get cleared in MN to get a valid DL in WI. He should work to clear any warrants. Otherwise he runs the risk of getting pulled over in WI and then having to deal with an extradition back to MN.

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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.

Jonathan Matthew Holson answered on Jul 18, 2019

No. An error on the ticket will not result in it being dismissed. But there might be other reasons to keep it off your record.

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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?

Jonathan Matthew Holson answered on Jul 15, 2019

It likely means that the warrant was withdrawn for some reason and a new court date was set. Consequently, the defendant will have the option of appearing voluntarily at the court hearing.

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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

Jonathan Matthew Holson answered on Jul 10, 2019

No. That is not an assault. There is no violation of the law there that I am aware of. It’s unclear what you are asking.

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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?

Jonathan Matthew Holson answered on Jul 10, 2019

No. They will give you immunity and if you refuse to testify you will be held in contempt.

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