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answered on Oct 1, 2024
Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More 
I WAS TOLD THAT I HAD TO SUBMIT TO A BLOOD TEST AND DID. THE PARAMEDIC POKED ME 2X ON EACH ARM AND COULD NOT GET BLOOD, THEN I WAS ORDERED TO GIVE A URINE TEST. WAS NOT GVEN A CHOICE WITH EITHER.
answered on Sep 25, 2024
You are still required to submit to a urine test if they are unable to get a blood sample and vice versa.
answered on Oct 9, 2024
That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More
The driver was arrested for a warrant, a DUI, and revoked license
answered on Aug 28, 2024
You can go to the DMV for new plates. I doubt that you simply have your original plates reinstated particularly if you permitted someone who was drunk and did not have a license to drive your car.
answered on Aug 18, 2024
Mostly likely yes, if you was on private property, and was not in your vehicle at the time of the stop, the cop can still stop you. Was it your private land? If not, it doesn't probably matter.
I got a DUI in August 2019 but in my recent security background check the date of August 2021 came up and referred to it as the disposition date. I plead guilty to the charge and received 2 years unsupervised probation. Is there any way to change that date? Or does the disposition date refer to the... View More
answered on Sep 5, 2024
If you get a copy of your Minnesota Driver's License record from the Minnesota Department of Public Safety - Driver and Vehicle Services Division, it should indicate that the date of the conviction relates back to the incident-arrest date. A "disposition date" should refer to the... View More
answered on May 10, 2024
The short answer is that it is on your record forever. I've seen folks with DWIs on their records going back to the 80's and even the 70s. DWIs can used to enhance future DWIs for 10 years. The likelihood that you could get a DWI expunged from your record before 10 years have expired... View More
M client has a few DUI charges in different states and a warrant in a different state. He is trying to get his license in MN and these charges are back 10-15yrs.
answered on Feb 21, 2024
There isn't really a question posed here, but I would suggest that your client retain an attorney to assist with addressing these issues. There isn't really enough information in this question to intelligently help absent a conversation with the client.
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... View More
answered on Feb 7, 2024
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... View More
I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More
answered on Sep 5, 2023
Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More
I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More
answered on Aug 26, 2023
If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More
15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More
answered on Jun 13, 2023
Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More
My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... View More
answered on Apr 13, 2023
It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... View More
The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More
answered on Mar 2, 2023
Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... View More
If so is this recently recognized by the scientific community as factual information?
answered on Jan 11, 2023
To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... View More
I want to write my state representative about the situation that I am in and need to know what those numbers stand for so my letter to him is one that I and he understand.
answered on Dec 13, 2022
That is a reference to subdivision 1(2) of the DWI statute which is Minn. Stat. 169A.20.
So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... View More
answered on Nov 2, 2022
I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... View More
answered on Sep 21, 2022
In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... View More
answered on Jul 10, 2022
Sure, most jobs aren’t going to do a warrant check. But the better route would be to work to clear the warrant.
How do I handle this and prove it, I have a witness to most of the lies and edited parts left out.
answered on Apr 19, 2022
You get an attorney. There will be an attorney prosecuting you. Don’t fight this battle alone. It won’t be a fair fight.
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