Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.
answered on Jan 21, 2022
You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.
I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... View More 
answered on Sep 17, 2021
I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... View More
They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.
answered on Aug 24, 2021
Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.
By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... View More
answered on Jun 28, 2021
The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... View More
The first time I’ve heard of jail time for the first DUI. In regards to this matter
answered on Apr 17, 2021
Sounds like you’re looking at jail time. Do you have a question?
How is it legal to hold me accountable to a private company in order to regain my driving privileges? I quit drinking 3 years ago, waited 4 years to complete probation, and I'm STILL forced to complete a interlock program that costs thousands of dollars before I can get my license back?! How... View More
answered on Mar 23, 2021
The license revocation process is entirely separate from the criminal case. So for starters, nothing you would've done in the criminal case would have affected your license revocation. That is requires filing paperwork in a civil matter called Implied Consent. You do not have a... View More
Q: We were out of the country (rare vacation). My 20 year old son drove our car without permission, he has his own car.
He was pulled over for speeding. He was found to have a case of beer on the front seat and a BAC of .16. Is a lawyer even worth the time and expense on this. We want to... View More
answered on Mar 12, 2021
He absolutely needs an attorney. The prosecutor won't help him and the very high BAC could mean very serious consequences.
He was pulled over for speeding. He was found to have a case of beer on the front seat and a BAC of .16. Is a lawyer even worth the time and expense on this. We want to get him help but not punished without a purposeful meaning.
Currently it is a 3rd degree offense, 1st time caught.
answered on Mar 12, 2021
Absolutely he needs an attorney. His rights should be protected and the prosecutor isn’t going to do that for him. Your son is potentially going to deal with long term consequences. Better to have an attorney to help minimize those consequences.
I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... View More
answered on Nov 24, 2020
I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... View More
First offense. First ticket ever, actually. I am not sure if I need to bring my court paperwork and paperwork from the program, both inpatient and outpatient I went to. It is impossible to find out what I need to do. I found one site that says completed court requirements, but I am on self... View More
answered on Nov 22, 2020
You are confusing the criminal court requirements and the license requirements. Contact the department of public safety and they can tell you how to reinstate.
answered on Nov 5, 2020
Yes, you should be able to turn yourself in earlier. The turn date is usually a deadline as opposed to a date certain. I would contact the appropriate jail and let jail staff know that you would like to turn yourself in early. That should not be a problem for you.
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... View More
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.
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
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.
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
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... View More
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... View More
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... View More
answered on Jul 3, 2020
They can hold him until he appears in front of a judge to address his conditions of release.
Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand
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.
I have 0 income now. The fee is deducted automatically and I am unable to afford it.
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!
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... View More
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... View More
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