Burnsville, MN asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota

Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of the vehicle gave her a separory test then Toad her vehicle. And took her to the station to give her a urine sample test. You just got those results back and it says that she had methamphetamines in her system that's not the case she's not a user she definitely only smokes weed what should I do what should we do how should we go about this because this is not right she just now lost your license and she hasn't even started the court process yet she's an older lady 58 years old this yearPlease help

2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the Minnesota Department of Public Safety, about how to get driving legally again as soon as possible.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in the criminal matter, but a public defender cannot handle the license revocation. She will need a private attorney to handle that matter. She should get these issues addressed immediately. She only has 60 days to challenge the revocation of her driver's license. Good luck.

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