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Questions Answered by Jonathan Matthew Holson
2 Answers | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Needing advice on what steps to take going further to get my sons license back.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 12, 2022

Call someone directly. Most criminal defense attorneys provide free consultations, but there is no information even provided in the question to be able to provide any answers that would be helpful.

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1 Answer | Asked in Employment Law for Minnesota on
Q: I caught a felony under an old married name, my sentence is up and I’m divorced. Do I still have to use name on job apps
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 10, 2022

This is really more of an employment law question rather than a criminal law question. I’d suggest answering the question in that forum. But I don’t believe that there would be anything illegal about using your maiden name.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My son is in jail and received discovery and there were 6 dvd's but all but 1 says "no readable content " advise?

Yes he's been charged and no he has no attorney he doesn't know what to do with this discovery

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 9, 2022

You don’t indicate what your some is charged with or if he is represented. He needs an attorney if he doesn’t have one. He should talk to his attorney about this if he is represented.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: How does a second DUI and a test tefusle work I go I haven't plead guilty to a second DUI yet

They can sieze your car for a second DUI with a test refusal how can they do that if u tecnicly one havee one cause u haven't plead guilty to the second one yet

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 7, 2022

Presumably you have the implied consent license revocation from your first DWI on your record. But you certainly need an attorney to address this issue along with all the other issues that accompany a DWI case.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: Pulled over for speeding. Written a ticket for no insurance. Showed him my insurance. Told to send it in and fight it.

The officer took my ID and returned to his car while I looked up my insurance info. He returned with a ticket for speeding and no proof of insurance. I showed him proof of insurance. He said he couldn't remove the ticket because it would be more work and I needed to send the proof in.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 7, 2022

No, it does not de-legitimize the speeding ticket. The two issues are completely unrelated. There may be a legal issue with the speeding ticket, but this is not that issue.

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Minnesota on
Q: I hit a parked car the other night and fled. I have prior DUIs. How do get car out of impound and avoid criminal charges

I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 6, 2022

This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a Traffic Collision - Failure to Notify Owner of Damaged Property. I got stuck in a road that was a dead end.

The road was a dead end as I tried to turn around I got stuck in the snow. While I was getting my truck out I slid side ways a little into a green power box it damaged my truck I walked after getting unstuck it had a dent but looked fine. Got a call 3 days later apparently it knocked power out for... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 18, 2022

The charge is a misdemeanor because there was property damage involved. You will need to appear in court for this and you should strongly consider getting an attorney - either a private attorney or a public defender if you cannot afford one. You are unlikely to lose your license, particularly if... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In minnesota does the state have any law or statute regarding crossing the fog line Or local ordances?

In the last 6 months i have heard of a few people that this was given as the primary reason they were being stopped. A good reason to do a quick look or sniff. Thank you for your time.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 18, 2022

Yes, you are required to drive between the center line (or dividing line if there are multiple lanes of traffic in the same direction) and the fog line. Failure to do so is absolutely a basis for a traffic stop, particularly if you cross the drove over/on to the center or fog line.

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then

The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 14, 2022

There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If the officer gave me a ticket for no license and no insurance, and he wrote the wrong location and time is dismissabl?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2022

This question gets asked all the time. An error like that is not automatically going to result in dismissal of the ticket. Those errors can be amended by the prosecutor. There might be other issues that could benefit from a conversation with a defense attorney.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: I got pulled over in fall 2020 for a missing headlight which ultimately led to me being charged with 5th degree possess

Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 13, 2022

A bad memory isn’t going to result in dismissal of charges. Charges could be dismissed if you were incompetent at the time the offense occurred - ie. you didn’t understand the nature of your actions or you didn’t understand right from wrong - due to a mental illness. This is a serious... View More

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over on 94 east about an hour ago for speeding by a state trooper. He asked how fast I was going in a 70mph

zone. I replied honestly with 81-82. he said I was going 87. asked me for my license and walked away. when he came back he gave me a ticket.

my question is. he never asked for registration/ insurance, (I was also driving my cousins vehicle. not mine) and he also never showed me the speed... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 28, 2022

He is not obligated to show you the speed on the laser or the radar. Ultimately fighting the ticket is up to you. There isn’t enough information here to really know. Any attorney would need access to the police report and any video of the incident. Saying that you weren’t going 87 is... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I received a citation for speeding 74 in a 55.

When the officer pulled me over, he asked me how fast I was going and I admitted to 70 and he said 74. During this stop there was a liquor bottle on the floor in the front passenger seat left from the weekend before and since this was also a recently purchased vehicle, I didn't have our... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 27, 2022

No. That is not a basis for dismissal. As art of the discovery process, you can get a copy of the citation and the police reports. There may a basis for a challenge, but a different officer’s name isn’t going to be the basis for challenge.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over for a "stop sign violation" and I looked at my ticket and he put down the wrong year, make and model

Of my vehicle. Would I still have to pay the fine?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 27, 2022

That is not a defense to the charge. Clerical problems on a citation don’t get you out from under a citation. There may be other issues with the ticket but this isn’t one of them.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Minnesota on
Q: I’m 17 and my sister 19 and we just got into a fight. I’m in my first trimester and she doesn’t know that. Who’s wrong

We were in the street I got dragged out. She hit me first and defended myself. I’m very petite and I’m sister is strong and bigger and has the upperhand. She got a bump on her head i got scratch marks on my side and knee. My hair was pulled and I had stuff in the car I couldn’t get to, the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 16, 2022

You certainly have a legal right to defend yourself and your unborn child. It seems like you might have some exposure of being charged with a 5th Degree Assault. That is a misdemeanor unless you have prior assault convictions. You need an attorney. You should either hire a private attorney or... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: If I had a departure on a 5th degree possession with conditions and the sentence is revoked due to a violation and I

Executed the sentence because the sentence was amended. I would no longer have to complete the previous conditions right?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 11, 2022

You no longer have to deal with your conditions of probation if you execute your sentence.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I received a ticket from a state trooper and the trooper didn’t put his Trooper/CVI Name on the citation and only put

His badge number on the citation could I try to go to court and have this citation dismissed? This was a citation for expired tabs

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 5, 2022

No. That is not a basis to get the citation dismissed. There may be other issues going on that could help, but this won’t be one of them.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: i was driving my friends car and got charged with pos. of controlled substance, if i pass a drug test can i beat charge

I was driving freinds car he was with got pulled over charged me with dui and 3rd deg. Pos. In prohibited zone..i gave blood sample and was clea...pos was for a syringe the found in shifting compartment under case around shifter

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 2, 2022

The results of the blood test are completely irrelevant as to whether they can charge you with possession of the syringe. They are unrelated to each other. You should get an attorney to represent you on the possession charge. It is at least a gross misdemeanor, maybe even a felony. Do not... View More

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: was violated for probation for the second time I was in outpatient treatment I asked to switch from virtual to in perso

I was unable to continue virtual while waiting she discharged me I contacted probation right away he said to get another assessment done and violated me they want me to do 90 day I already served 22 days I denied violation I have court feb 14 for hearing I did assessment he asked for what should... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 31, 2022

There appears to be a lot missing here. You indicate that you were unable to continue virtual treatment. Why? Have you done another assessment? What were the recommendations? Have you started to follow the recommendation? Doing that would be a good start to avoiding jail time.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 26, 2022

They should show you the warrant, but that doesn’t have to include the probable cause basis for the warrant. They also need to provide you a list of what was seized pursuant to the warrant.

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