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North Dakota Questions & Answers
1 Answer | Asked in Traffic Tickets and Car Accidents for North Dakota on
Q: In the state of North Dakota, if someone parks in a no parking zone and you hit their vehicle who’s fault is it?

Does it matter if the parked vehicle is occupied?

Tim Akpinar
Tim Akpinar
answered on May 13, 2022

A North Dakota attorney could advise best, but your question remains open for two weeks. In general nationwide, the driver who hits a parked car is usually at fault. The fact that the vehicle may have been parked in an unauthorized space does not usually remove blame from the moving vehicle. The... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: can they get a search warrent for a hotel room if you where just a visitor and you left and not the guest '

boyfriend got stop in a traffic stop they illegally searched him and made him get out of the car asked him where he came from he said he was visiting a friend at a hotel room so then they got a search warrent for the room that wasnt even his because they thought they would find drugs there and it... Read more »

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Maybe. This is too detailed of a question for an attorney to answer without having first seen the evidence in the case.

1 Answer | Asked in Uncategorized for North Dakota on
Q: If I did not give consent for the police to search my vehicle but my passenger did is that legal
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

Here's the better question: is that the only basis the police had for the search? Even if it was an illegal search, illegality will not be found just because you want it to be found. Instead, you will need to compose, file, and argue a successful motion - which is difficult for any... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: illegal search and seizure

boyfriend got stop for a traffic stop they came to his window and asked him to come out of the car to pat him down just because he had a conviction of a firearm 5 years prior they frisked him and didnt find anything then they said the reason was because they seen a crown royal bag sticking out of... Read more »

Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You likely need the squad car video to determine if there was an illegal search and seizure under the US Constitution. Even if there was, you cannot simply orally tell the judge about the issue - you have to make a motion, which is difficult to do if you're not an attorney.

1 Answer | Asked in Criminal Law and Civil Rights for North Dakota on
Q: Do I have to partispate in the 24/7 program giving urine samples in order to be out on bond. If I am not yet convicted
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

If the judge ordered it, then yes. However, you have the right to a bond review hearing.

1 Answer | Asked in Uncategorized for North Dakota on
Q: Should I plead guilty for minor in possession of alcohol? Do MIC convictions go away?
Lucas Wynne
Lucas Wynne
answered on May 2, 2022

You should likely try to negotiate something called a deferred imposition of sentence if at all possible.

1 Answer | Asked in Car Accidents for North Dakota on
Q: In an accdnt w a semi head-on I thnk it ws his fault he says ws mine I got the ticket how do I fight it

I ddnt hv ins and i wsnt drunk but smelled like alcohol. Recklesd driving was my ticket

Lucas Wynne
Lucas Wynne
answered on Feb 18, 2022

When I am helping clients fight trucking accidents, the first thing I ask is which party was liable. Being cited for reckless driving does NOT mean you will necessarily lose your case. The best way to determine if you have a claim is to call an attorney like myself who handles injury cases.

1 Answer | Asked in Personal Injury for North Dakota on
Q: Am I able to still sue Vioxx after the death of my father or has the statue of limitations ran out?
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

I'm very sorry for the loss of your father. Your question remains open for two weeks. At this point, you could reach out to law firms that handle product liability/wrongful death matters involving pharmaceuticals. The firms that handle such cases are often large, and they often handle multiple... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for North Dakota on
Q: Legal complaint filed, time frame police are to investigate notify you

No

Lucas Wynne
Lucas Wynne
answered on Nov 18, 2021

The statute of limitations depends on the crime.

1 Answer | Asked in Probate for North Dakota on
Q: Can my po keep me in Inpatient treatment as long as they see fit without giving me an actual release date?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 8, 2021

This is Probate, not probation. Post your question under Criminal Law in ND.

1 Answer | Asked in Collections for North Dakota on
Q: I have been "sued" by a debt collector but they didn't file with the court, they only served me. Is something off?

I received a Summons and Complaint for District Court in ND from a debt collector alleging I owed a debt. When I presented to the district court to file my declaration of service on the plaintiff, my affidavit of service, and Answer I was told the court had no record of the suit. The debt collector... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

Hard to tell. In North Dakota, you can serve a lawsuit and file it later. So you could be sued before the person or company suing you files it with the court.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: 2nd dui. 2 year suspension. 1 yr down. Can I get points off to lift restriction?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

A defensive driving course can take points off your license. However, this will not get your DUI-related suspension reduced. Your best bet may be to get a temporary restricted license while you're waiting to be eligible for renewal.

1 Answer | Asked in Consumer Law for North Dakota on
Q: Does Walmart need probable cause demand my receipt as I am walking out the door?

The only thing I could find in the century code was If you set off the electronic detection, that is probable cause. If I have been thru the checkout, paid for all my Items. the items and receipt are now my personal property. Any involuntary search without probable cause should not be legal,... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

No, probable cause is a standard for law enforcement rather than Walmart employees. Further, probable cause is the standard to make an arrest or obtain a warrant. In your scenario, neither is occurring. The phrase you might be looking for is "reasonable suspicion."

1 Answer | Asked in Uncategorized for North Dakota on
Q: How can i get a restraining order in ND? Ive been physically assulted by 2 girls and i don't know what they be charged a

I had 2 girls making treats to hurt me and i barely know them. Two days ago they have jumped at me and i have been physically assulted harassed and stalked. I dont know when prosecutor will charge them but i would like to file a restraining order and i dont know first girls full name or any... Read more »

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

You should file a police report. If there is a criminal case filed against them or a juvenile case, it will likely come along with an order prohibiting contact. Otherwise, you'd need to go to the courthouse and request a restraining order.

1 Answer | Asked in Child Support for North Dakota on
Q: How can you stop child support in North Dakota, if both parties financially care for the child and don't want it?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

The answer is that you can only completely do away with child support if the parents have equal residential responsibility of a child and incomes which result in a child support obligation of $75 or less and you are granted court approval. Otherwise, the only way to get anywhere not having an... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Dakota on
Q: I literally own these products and have been having hair loss and excessive shedding should I sue do I have a case

I have two shampoos as well as conditioners in my bathroom now I had no idea my hair shedding/ loss was because of these products which are the Johnson Johnson’s shampoos and conditioner I seen where someone is suing them because of the same reasons is this worth me even pursuing I don’t want... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2021

A North Dakota attorney could advise best, but your question remains open for two weeks. At this point, one option is to reach out to firms dealing with the products you were using. Product liability cases tend to involve extensive research and discovery. A firm that has already looked into or... Read more »

1 Answer | Asked in Personal Injury for North Dakota on
Q: How long do you have until your case expires

How many years do you have on a personal injury case before your case expires ?

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2021

A North Dakota attorney could advise best, but your question remains open for two weeks. If you reached out to law firms in your state, described your matter, and asked what the statute of limitations is, you'll probably reach an attorney who could tell you the time by which you need to file... Read more »

1 Answer | Asked in Divorce for North Dakota on
Q: Ok my husband has cuatusy of our son only because of the landlord I have wants johnny seen not heard I'm in process of.o

I'm process of divorce. Ex has 3 domestics against him from me he drink often he abused our eldest daughter. But was never reported. She just recently told me when he was drunk 9nce he tried crawling into bed with her naked what chances 9f me getting child aupprt

Tom Murphy
Tom Murphy
answered on Mar 21, 2021

I would suggest proofreading any requests you make for legal advice.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Is there a certain amount of time to resolve a dui case?
Rick Sand
PREMIUM
Rick Sand
answered on Mar 3, 2021

This is a very interesting question. In order to give the best answer, it is important to know a few things: Is this a first offense DUI, or does the person have previous DUI convictions? Does the person have an out-of-state driver's license? Was there a chemical test performed (breath, blood,... Read more »

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: Who does Workers Compensation of North Dakota answer to. If I had a complaint who would I talk to.

Why won't a lawyer in ND represent me in front of a law judge. Because injured workers in North Dakota get nothing. Thank you

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2021

This is something on which a North Dakota attorney attorney could advise best, but your question remains open for four weeks. For insurance matters, most every state has a department of insurance. Situated in Bismarck, there is the North Dakota Insurance Department. Good luck

Tim Akpinar

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