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Questions Answered by William Bailey
2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was arrested for a dwi while in my friends car and they now want to impound the vehicle

They had forgotten to give me papers for "temporary use of a vehicle" along with my arresting copies of the breathalyzer and info packet on dui/dwi, & how to get a special license. It's been almost a month, can I get my friends car out of it? As I took her car and not mine? They... View More

William Bailey
William Bailey
answered on Aug 27, 2020

This is something a lawyer can help you with. You would be wise to retain one, not just to get the car but also to handle your DWI. Many of us offer free consults and answer the phone 24/7.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I asked a question a couple weeks ago on 2 tickets from 8 and 9 yrs ago.

The answer a lawyer gave me was to contact drivers diversion program. I did contact them they are unable to help me due to a judgement I had against me that has since expired and will not be re issued. In fact the judgement can not be found in the court system. I believe I paid somewhere around... View More

William Bailey
William Bailey
answered on Aug 27, 2020

This depends on the jurisdiction, who the prosecutor is, and who the judge is.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was speeding 70 in a 55 and a police officer was going the opposite direction and turned around and sat on the side -

Road, i never saw any light and I never got pulled over, can I recive a ticket in the mail if he got my plate?

William Bailey
William Bailey
answered on Aug 27, 2020

You could, but it doesn't seem likely given the circumstances you have described.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In my citation ticket COP typed my First name incorrect, one letter missing.Do i need to pay fine? or this will cancel

My GPS going crazy , i just moved extreme right lane and fixed in no time and moving. Looks like 3 cars behind COP car and he followed and gave me a citation saying Stopped-Parked in roadway. I did not argue with him . When i checked my Citation , he typed my first name incorrect, one letter... View More

William Bailey
William Bailey
answered on Aug 24, 2020

A typo does not cancel the ticket. There may be other ways to keep this off your record. Contact an attorney to discuss your options.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: On a felony probation violation warrant can police enter my home? Assuming I don’t answer the door?
William Bailey
William Bailey
answered on Aug 22, 2020

If they have a warrant they have significant leeway. But that’s not what you should be concerned about. You should have a lawyer help you fight the violation.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: WhAt can I espect to happen if it says crim/traf mandatory. Its For a speeding ticket. He said I was going 45 over limit
William Bailey
William Bailey
answered on Aug 18, 2020

It sounds like you are facing a misdemeanor which is punishable by up to 90 days in jail and/or up to $1,000 in fines. Additionally, if you were going over 100 MPH, you risk losing your license for at least 6 months. You should have an attorney assist you with this case.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was issued a petty misdemeanor for sending a text while driving, what are the odds this will be dropped? first offense

or if the officer doesnt appear in court will this be an automatic dismissal? could it result in my loosing my cdl license?

William Bailey
William Bailey
answered on Aug 17, 2020

There may be a way to keep this off your record. However, due to a federal anti-masking statute for CDL drivers, it could be difficult. You will want to have an attorney assist you.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: WhAt can I espect to happen if it says crim/traf mandatory

For a speeding ticket. I was on my way to work cause I had to watch my 3 month old son until his momma got home so I was running late. I got into the left lane and the road split ahead and their was a line of cars I had to get infront of so I didnt miss my turn. So I sped up enough to get infront... View More

William Bailey
William Bailey
answered on Aug 14, 2020

That depends upon more of the details of the ticket, including how much over the limit, and where it was. Crim/Traffic/Mandatory basically means it isn't a civil matter.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What are my options for being charged with misdemeanor theft?

My old boss fired me in March 2020 for using Rakuten (rewards website) to get points and coupons when ordering everything for the office. No money was ever taken from her directly. I was unaware that it was unlawful to use unused benefits. Now I have a court date for being charged with a... View More

William Bailey
William Bailey
answered on Aug 13, 2020

Your best option is to contact a criminal defense attorney and have them assist you. I have handled these cases before and successfully avoided a criminal conviction. There are several options for doing so.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: A Dimler conviction was sent to MN DPS by the court. Does DPS just ignore the conviction sent to them?

I took a speeding ticket to court via Zoom. An accused before me was took a speeding reduction from 75 to 65 in a 60 zone. While I was waiting for my turn, I noticed on the MNCIS that the previous conviction was sent to DPS. When my turn came up, I was offered a similar reduction plea (69-60), but... View More

William Bailey
William Bailey
answered on Aug 11, 2020

The statute (171.12 subd. 6) says that certain tickets will not be recorded on your driving record. It does not say the court is prohibited from sending the conviction to DPS, only that DPS shall not record it. Effectively, it means that DPS will ignore the notification because it falls under... View More

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1 Answer | Asked in Insurance Defense for Minnesota on
Q: I recently got reinstated after failure to send in my insurance information I got revoked. I thought everything was good

Then I get pulled over and find out I am suspended for no insurance. It was supposed to go to court and then Court got cancelled and I was never informed of any date they rescheduled it for so now I am suspended after being reinstated after revocation. Can I fight this somehow. ???

William Bailey
William Bailey
answered on Aug 11, 2020

There are certainly ways to fight this. I recently helped a client in a similar situation and we were able to have cases dismissed and avoid convictions on the others due to the confusion. It would be wise to have a lawyer help you with this.

1 Answer | Asked in Tax Law, Construction Law and Gov & Administrative Law for Minnesota on
Q: Does police office give me a warning or serious ticket and how will be?

i entered the open line while the opposite line was closed at work zone in Faribault mn then police officer stop me and got picture on my driver license, said to me we will send you a ticket to you mail? is it a serious ticket or warning ?

William Bailey
William Bailey
answered on Aug 11, 2020

It sounds like the are citing you for something. They do not generally mail warnings to someone. You will likely receive a citation at the address on your license. It would be wise to speak to an attorney to see if you can keep this off of your record.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I need to break a lease before it even starts due to COVID-19 and my job being changed to remote.

I signed a lease in April for starting in September. However, I got an email last Friday that my job was going to be move to remote for the foreseeable future due to COVID-19. I emailed them on July 29th with my two-months notice saying that I will not be moving in, however, they are stating that... View More

William Bailey
William Bailey
answered on Aug 11, 2020

It would be smart to contact someone experienced in landlord tenant law to get a clear answer on your particular situation. They would need to take a look at your lease. I do not practice in this area but know several who do.

1 Answer | Asked in Libel & Slander and Products Liability for Minnesota on
Q: What happened if someone steal your car part

I have the picture of my car part and I know the person who take my car part

William Bailey
William Bailey
answered on Aug 11, 2020

If you have evidence of a crime and know who committed the crime, it would be a good idea to contact the police so that they can pursue criminal charges and if the person is convicted, you could get restitution for the value of the stolen part.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Could a prosecutor amend a speeding ticket that was reduced, if I contest it?

I was stopped by a state trooper for speeding and was issued a ticket for 9 mile over the limit, noting that the trooper claimed I was going faster.. I have a clean driving record and do not want a conviction. I am unemployed due to COVID and cannot afford a lawyer. If I contest this hoping to get... View More

William Bailey
William Bailey
answered on Aug 10, 2020

I have not seen a prosecutor amend a ticket in this manner due to a hearing being scheduled. However, I would be prepared for the prosecutor to amend if you proceed to trial on the matter.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a drug dealer is arrested is it for an individual who bought drugs from that person be charged in a "conspiracy"

And If the investigating officer makes the decision to frame it in that manner, what legal requirements need to be met for the user to be alleged to be part of the conspiracy?

William Bailey
William Bailey
answered on Aug 10, 2020

Generally, more than a simple buyer-seller relationship is needed to establish a conspiracy. If you are facing a drug conspiracy charge, or any other drug charge, you need an attorney ASAP.

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... View More

William Bailey
William Bailey
answered on Aug 11, 2020

It is impossible to answer your questions without actually being retained on the case. A lawyer would need an opportunity to speak with the state and the court to determine what is likely to happen. I suggest you get a lawyer ASAP if you do not already have one.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is there a law against throwing lit fireworks at someone?

Hello. A law enforcement officer told me that there is no law against throwing lit fireworks at someone or at their moving car. This, after running at them to do so. Is it legal to light fireworks and throw them at people and at cars in the State of Minnesota? If not, what specific law addresses... View More

William Bailey
William Bailey
answered on Aug 10, 2020

I don't think there is a specific law designated at that conduct. However, it could be assault, disorderly conduct, criminal damage to property, and possibly others depending on the exact circumstances.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I receive a ticket in the mail?

I got pulled over tonight the officer thought I was going to fast. He did not tell me how fast he did not know. He said I would be getting something in the mail. He did not explain what I would be getting. Seems a little off to me.

William Bailey
William Bailey
answered on Aug 11, 2020

Yes, tickets are commonly sent through the mail. You could retain an attorney now and they would be able to contact the courts to ensure you have not missed the ticket.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: My biological father was a LPR who was deported. I am a US citizen and was adopted. Can I sponsor him back to the US?

My biological father was a LPR, he was arrested in 1983 shortly after I was born. I was adopted. He was released from prison and deported back to the Dominican Republic in 1997. He is aware he will have to apply for readmission and fill out other paperwork.

Can I sponsor him or my... View More

William Bailey
William Bailey
answered on Aug 10, 2020

You should be able to sponsor him as a relative, but there may be additional hurdles to clear due to the deportation. It would be wise to consult privately with an Immigration attorney.

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