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Minnesota DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Minnesota on
Q: I got a dwi on august 8 which I found out nothing has been filed with the court yet. Got a call from the cop last night.

The cop wants to impound my friends vehicle which I was driving when I got stopped but they told my friend where it was and she just went and picked it up and went home on the day this happened. He also says he forgot to give me the summons or ticket. All I got when I left was the notice and order... Read more »

William Bailey
William Bailey answered on Aug 28, 2020

You should hire an attorney to assist you. They will be able to contact law enforcement and the court on your behalf to determine what exactly is going on and provide you with advice on how to best handle the situation. Many of us offer free consultations.

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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... Read 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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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... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... Read more »

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: My boyfriend is sitting in another county on a warrant how long can they hold him since covid 19 going on
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2020

They can hold him until he appears in front of a judge to address his conditions of release.

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If I’m underage minor who is sober and I’m driving a minor who has drank alcohol and we get pulled over

Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 16, 2020

No, you will not get cited for DWI if you haven’t beeN drinking. You aren’t breaking the law.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: How can I get a price deduction on my intoxiloc. It is currently $93 per month. I was fired from my job 4-3-20.

I have 0 income now. The fee is deducted automatically and I am unable to afford it.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 16, 2020

That is between you and the interlock company. The costs of the interlock service is not something that the government has any control over. Your best bet would be to contact the interlock company and attempt to negotiate with them. Good luck!

2 Answers | Asked in DUI / DWI for Minnesota on
Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2020

There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was... Read more »

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 27, 2019

The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I blew .08 and was discovered in my parked car. Can they really give me a dwi/dui?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

Yes. If you had the keys you were likely in physical control of the vehicle. But that doesn’t mean that you will be found guilty or get a conviction on your record. Get an attorney to help you.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I feel I was coeherced in taking a plea agreement can I take back that plea

I had a public defender, he got upset about going to trial, he started to tell me things about my case he said he knew as evidence, I believe he made up to scare me into taking the plea. So I did take the plea, but now regret it

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

Public defenders don't "make things up" to get people to take plea deals. They give honest advice on what they believe you should do in terms of taking an agreement or going to trial. It is then up to you decide how you want to move forward. You could certainly seek to withdraw... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I tell my lawyer something pertaining to my case does my lawyer have to tell the court

My lawyer told me he has to bring what I said u in court,isn't that against lawyer-client confidentiality

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

That's impossible to answer for certain without details. A question like this is very fact-specific and can't be answered with so little information.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 9, 2019

It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Removal of warrant possible? Probation Violation/fail to complete dwi class, now sentenced to 30 days. Way to drop it?

I have been told I need to serve 30 days for failure to complete dwi class/madd. A warrant has been issued through Anoka County, Mn. Is there any way possible to see if they will let me not serve the 30 days, I'm in an abusive marriage and my husband has moved my son out of our home and... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 18, 2019

You need to get an attorney on board ASAP. It is unclear where your case is procedurally. Did you admit to the probation violation and fail to turn yourself in? Is there this a warrant for a probation violation and the recommendation from probation is that you serve 30 days in jail? This is all... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: can I request a different judge if I feel his judgement is affected by something that happened in his personal life?

I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 22, 2019

You typically cannot file a removal request once the judge in your case has made substantive decisions in your case. Ultimately, you have a right to appeal the Court's decision on appeal if you lose the case. FYI, the fact that someone is described as an "assistant public defender"... Read more »

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: who do you contact to have a MN DL suspened for an UI in WI? person has lived 8 yrs in WI but just renewed MN lic?

A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.

said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 22, 2019

If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on
Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later
Thomas C Gallagher
Thomas C Gallagher answered on Jun 10, 2019

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 »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: I just found out i have warranty on me for probation violation...

I was in probation for refusal to take a test ...i was arrested for second refusal but i went to jail and released...but they never took me to court or never received a sammon to court date ...that is 31/2 yrs ago...i think my probation violation comes from that but still i didn't know... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 31, 2019

When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary... Read more »

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