I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled...Read more »
One of the things that we have to clarify is the order of cases and appeals. We need to start with the original case, working up all the way through Ford V. Wainwright. Would you be able to help me with this?
You can appeal, absolutely. The chance of success is a different question. You should speak to an appellate attorney as soon as possible because anything related to an appeal or other post-trial work has a very strict and very short deadline.
I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake
I believe we already discussed this on the phone so I won't go into detail here. Short answer is "it's possible, but a judge would have to give a specific warning first." I am skeptical that the court would follow through on such an extreme threat.
Your question is confusing. The appellate court does not have jurisdiction to reverse a trial court decision unless an appeal is filed. If an appeal is filed and you disagree with the appellate court's decision, you must petition for review in the supreme court.
I assume you are referring to a criminal appeal and the possibility of raising issues in a post-conviction petition. Generally speaking, the answer is no. This is referred to as being "Knaffla-barred." There are very limited exceptions to the general rule.
I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business
I went to the first hearing and asked the judge for a continuance as I felt unprepared. She granted the continuance until June 11th and told me if I was looking for an attorney they would need to practice administrative law. I am having trouble finding such or getting anyone to call back. My... Read more »
You needed to hire a private attorney back then, one who does administrative law. Most attorneys in your area will be able to help or be able to recommend someone who can help. Go see a local attorney if you have not done so already.
You cannot lose a Minnesota appeal by default. The appealing party will still need to convince the appellate court to reverse. Nevertheless, you are wise to find appellate counsel to represent your interests on appeal and convince the court to affirm. A reversal often means additional...Read more »
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