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Theodore Perlick Molinari

Theodore Perlick Molinari’s Answers

117 total


  • WI resident moving to MN

    I am a WI resident moving (back) to MN. I have 3 dui's, 2 as MN res, 1 as WI res, all within 4-10 yrs. Can I get a MN license without limitations? If I apply should I tell them about my WI dui? I also have a WI driving after revocation about 3 yrs...

    Theodore’s Answer

    Attorney Missimer is right on. You should not have any difficulties unless you are looking for some kind of special qualifications on your license.

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  • Can your California license be suspended for an OWI in Wisconsin?

    My boyfriend was out at a company party, knew he was too drunk to drive, so went to the car to sleep. He turned the car on for the heat, and fell asleep. The next thing he knew cops were arresting him for an OWI, even though he hadn't driven at ...

    Theodore’s Answer

    I agree with Attorney Missimer on this point completely. Do not sit back and let anything happen in a case like this. You need to be proactive to preserve your license. California has notoriously harsh punishments for OWI-related offenses. You do not want that state involved in this at all if you can help it. Wisconsin is much more forgiving in this regard.

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  • I need to get my drivers license back.

    13 years ago I lost my drivers license for a car accident while intoxacated. The insurance company for the other driver paid $25000.00 in damages. I do not have the money and don't think I ever will without my license. I have tried to get them to...

    Theodore’s Answer

    First off, I would consult an attorney at your local Legal Aid offices. They may be able to help you decide what is best for you. In order to clear the hold on your license, you will need to resolve the judgment. If resolving the judgment comes in the form of bankruptcy, payment plan, or some other way, so be it. I would also call your local DMV to determine if there is anything else you need to do to get your license back.

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  • I got an underage but do I have to go to Drug abuse class or community service.?

    I recieved an underage Consumption of Alcohol ticket on 08/19/09. I was on a beach past closing hours. The fine is 681 dollars. The police told me they would write that I was cooperative and caused no problems other than found on a beach while int...

    Theodore’s Answer

    I agree with Attorney Cotton's answer. I would consult someone familiar with military law to determine how it will impact your service. I am under the impression that if you are on active duty you will need to report the ticket to your superiors. They may then order you to get assessed for substance abuse issues. It may not rise to that point, but I would not take this matter lightly.

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  • How can I reverse conviction for OWI after refusing breathalyzer?

    I was pulled over in Wisconsin for doing a peel out with my truck. I had had two beers over the course of an hour and a half and had left the bar 30 min prior. The officer asked if I had been drinking and I told him I had. He then began to conduct...

    Theodore’s Answer

    As always, my colleague is right on the money here. You may want to explore the issue as to whether you were properly arrested. That could make the entire case vanish.

    Because you are out of state and face different consequences than a Wisconsin resident, make sure you get good legal advice before you make any decisions about how to handle your case.

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  • How can I appeal or get a retrial for a first offense dui in Wisconsin

    Is it possible and how would i do so

    Theodore’s Answer

    It is possible, but it depends on several factors. First, is this a recent conviction? If so, you have a deadline ticking of which you need to be aware. If this is a conviction from many years ago, it will be extremely difficult to get another trial.

    Once you have answered the first question, you can move on to the next question, which would be what court were you in, municipal or circuit? If you were in municipal, you have the option to appeal it to the circuit court and have another trial. If you were in circuit, your only recourse is to the court of appeals.

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  • Dui charges in 2 different States

    Hi, My daughter had a DUI in FLA almost 4 years ago, but shortly after that she had to move to California. The judge said it was fine to deal with things through the mail, but at a later date she denied that option. In few words the case is still...

    Theodore’s Answer

    I agree with my colleague here. This is a very sticky situation. I have dealt with many multi-state concurrent DUI prosecutions. It is absolutely critical that you have a very knowledgeable attorney in BOTH states in order to make sure she does not pay a steeper price than is required if she is ultimately found guilty.

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  • What are the laws regarding self defense without the use of a weapon? What are the likely outcomes in real world applications?

    I was attending a friends birthday party at a bar/restaurant in racine last night. An old acquaintance and I crossed paths, recognized each other right away and engaged in common small talk. The guy she was with randomly says to me, "get the bl...

    Theodore’s Answer

    In the real world, both people usually get arrested. Sometimes both people even get charged. Then, you have to hire an attorney, go to court, and try to convince 12 people that you were acting in self defense. As Attorney Kaman said, the best thing to do is walk away.

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  • Dui

    I have a DUI and am joining the millitary and its holding me back.is there any way to get it taken off my record?

    Theodore’s Answer

    We definitely need more details here. I am very surprised that a OWI/DUI is holding you back from the military. I have represented several people in the past who have enlisted in the military after a conviction with no problem. Make sure they are telling you the truth as to why they are not letting you in.

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  • Info on leter to Judge & Police Officer? Plead Guilty or No Contest?

    Received OWI 7/24. Court 8/27. Any examples on what to include in a letter to the Judge/Police Officer ASAP. I typically only drink 1 drink. (Even have them measure the shot.) I don't remember anything after the first drink. Therefore I never...

    Theodore’s Answer

    I totally agree with Attorney Missimer on this one.

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