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North Dakota Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota on
Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

James L. Arrasmith
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answered on Mar 29, 2024

If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for North Dakota on
Q: Hello my brother passed away last Friday in North Dakota . I was told he was decease then alive. Do I have a case

I tried calling the girl answer the phone ( Madison ) refuse me to speaking with anyone . The hospital gave out information to non family members . I was told no one was available to talk to but the person answering the phone which I know isn’t true . Being told your love one is decease then a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 23, 2024

No

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

1 Answer | Asked in Civil Litigation, Criminal Law and Legal Malpractice for North Dakota on
Q: If I go in to get my drug patch changed at the 24/7 program while I have an active warrant will I get arrested.

I have to report to the 24/7 program in Minot north Dakota and the day before I'm required to go in to change out my current patch, there was a warrant issued for my arrest. Can they arrest me at the 24/7 program even though my warrant is unrelated?

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

Likely, but they’re going to come arrest you anyway and you’d be better off voluntarily turning yourself in; if you wait the judge will likely notice you didn’t go voluntarily when considering whether to let you out again.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was convicted of shop lifting a 10.00 item and possession of paraphernalia for marijuana. I went to court and plead gu

Guilty but haven't paid my fines due to being unemployed. It was almost a year ago. If I pay the fines now could I still have to go to jail

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

I highly suggest paying the fines before they revoke you.

1 Answer | Asked in Contracts and Landlord - Tenant for North Dakota on
Q: Can a landlord start a new lease without it being signed or agreed to?

I live in North Dakota. Upon the end of our lease, the lease states that it will automatically go month to month - we were month to month for a couple of months before our landlord sent a request for us to sign a new 6 month lease along with a rent increase via our rent portal. We did not sign that... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2023

No. If you did not agree to the new six month lease, it is not yet effective.

Be aware, however, that they can demand that you surrender the premises and can commence eviction proceedings.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for North Dakota on
Q: Can I sue the county for my child failing for cocaine in their cuostdy for irreparable damages
T. Augustus Claus
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answered on Sep 27, 2023

If your child tested positive for cocaine while in county custody, you might have a case for negligence or other claims, depending on the circumstances and state law. However, successfully suing a county government often involves overcoming various legal hurdles, including immunity defenses.

1 Answer | Asked in Traffic Tickets and Municipal Law for North Dakota on
Q: Can I get my dus dismissed due to the reason igot pulled over

The cop said the reason why he pulled me over is because the stuff in my truck bed he didn't think was secure but when we went thru the roundabout he say that is was so can that be dismissed

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

Potentially, but it is difficult to tell from the information you provided and it would require that emotion is filed.

1 Answer | Asked in Bankruptcy, Divorce and Probate for North Dakota on
Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 15, 2023

Likely but you better move fast. Call an attorney who does estates.

1 Answer | Asked in Gov & Administrative Law and Military Law for North Dakota on
Q: Will your military medical history show up on a niccs backround check when purchasing a firearm?

I have a other than honorable discharge from military, and was all voluntary but did deal with some mental health issues. Would I still be able to purchase a firearm or will this get flagged during backround check?

Anthony M. Avery
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answered on Mar 6, 2023

That Discharge does not cause a firearm disability. Hopefully you are not on SSI. Try to buy the firearm and see what happens. There may be other events in your life which cause a bad NICS check. If so, you may be able to expunge them. Also you might request to upgrade your Discharge.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Dakota on
Q: A guy a guy hit me for no reason I was doing a repossession of the brother's car the other brother came up and hit me.

For no reason I was charged he was not how is this possible

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

It's possible because prosecutors simply go with the story they want to believe. You need an attorney to defend you and be willing to take it to a trial if it is in your best interests.

1 Answer | Asked in Education Law for North Dakota on
Q: You My son is 12 years old he is in special education in school another student brought a ninja throwing star to school

You

My son is 12 years old he is in special education in school another student brought a ninja throwing star to school my son bought the ninja throwing star from his friend and was caught with the ninja throwing star later that day I am told there will probably be legal charges at a police... View More

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

At worst it will be a juvenile case. You should likely speak with a lawyer if that occurs.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can an officer give someone a citation for DUS without performing a traffic stop.

Was given two citations for driving under suspension at my house without ever being pulled over by an officer.

Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Yes, an officer can. Will it hold up to the scrutiny of a judge or jury? That depends on whether it can be proven you were actually driving under suspension.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: How do I start the parenting plan process when I know that second party will not agree or sign.
Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Hire a lawyer and force the other parent's hand.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for North Dakota on
Q: A search warrant was issued for two motel rooms looking for contraband or anything related to use n distribution of a

controlled substance! They were looking for a certain Jane Doe but she was not listed on the search warrant! Only two room numbers were listed. One was her room n the other room next door was another guest entirely unrelated to the case. Was the warrant legal for two rooms looking for Jane Doe’s... View More

Lucas Wynne
Lucas Wynne
answered on Oct 10, 2022

Not enough information, an attorney needs to see the totality of the evidence to determine if a motion may be filed.

1 Answer | Asked in Libel & Slander for North Dakota on
Q: Can I file harassment charges against someone who repeatedly slanders me?

I have been stalked by a woman who has called my employment costing me my latest job. Has made multiple calls to police trying to get me arrested, and she will boost about how she is going to ruin me. Im so tired of this person can I do anything to protect myself?

James L. Arrasmith
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answered on Aug 30, 2022

Yes, you can ask for a restraining order if you can show that you are facing credible threats.

1 Answer | Asked in Small Claims and Criminal Law for North Dakota on
Q: what happens if money seize from raid was off in amount.. and memory card of camera taken. but not on evidence list.

before being raided. i was about to run to the bank to deposit money. i had counted the amount i had in hand. it was 11830$. but only 10500$ was on teh evidence.. as soon as they had me in handcuffs in my room. seein i had money layin out.. i had camera up. i smerkly said dont do something... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Civil forfeiture is generally a separate proceeding if you're contesting it - but if they outright stole your money and are wondering what will happen the real answer is nothing unless you do something about it. What would you do? Likely ask the BCI to open up an investigation.

1 Answer | Asked in Family Law for North Dakota on
Q: If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together

If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together and he is not aware of it he hasn't been born I'm asking if he will get her or will cps take her. I'm in north dakota and he's In Minnesota. I lost my rights to my... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Automatically? No. You should be highly concerned, however, of any potential criminal ramifications this may have.

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... View 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... View 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.

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