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Questions Answered by Jonathan Matthew Holson
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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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1 Answer | Asked in Domestic Violence for Minnesota on
Q: What is the process for getting an order of protection extended when it expires? Do I have to go back to court?

I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2022

There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Is there any kind of defense for someone getting a dui while fleeing from a domestic assault?

Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 21, 2022

You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Would a Court appointed attorney help a non resident of Minnesota with a speeding ticket of 100 mph? No alcohol involved

Winona County.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 12, 2022

The issue is not the residency. The issue is whether the ticket is charged as a misdemeanor or a petty misdemeanor. A petty misdemeanor does not carry the possibility of jail time and consequently you would not be entitled to court appointed counsel. But you would if the charge is filed as a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have an attorney representing me on a cri, which I pleaded innocent to, whom to date, after 4.5 years refuses to give

details to the county attorney. Always communicates with me last minute. Has no mailing address just a Google account. He closed his office for a different job. Do I need a different attorney, and how do I do that now?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You can always switch attorneys if you are unhappy with your representation. You would either need to hire a new attorney or you could discharge your current attorney and apply for a public defender if you qualify. You should reach out to attorneys directly if you believe that you might be hiring... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 10, 2022

You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Traffic question!

If I am in the left turn lane, with my left blinker on, and 30 feet before the crosswalk while moving forward I blinker right and get back into the lane that goes straight through the intersection, is that against any traffic laws? No other vehicles were around at the time and I was pulled over for... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 3, 2022

The police need reasonable articulable suspicion to pull someone over. There isn’t necessarily anything illegal about what you did, but other factors might’ve played a part in why you were pulled over. Speak with attorney directly about your situation for more specific answers about your situation.

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