To give a solid answer to this, one would need your name and date of birth to really look at the actual register of actions or minutes. If it reads "convicted of misdemeanor" that is likely dispositive, but court administration errors do happen with some regularity. If it shows that the only charge you were convicted of was speeding, and that conviction is listed as a "misdemeanor", that would be erroneous since there is no misdemeanor speeding.
There is an unspkoken intent requirement and caselaw on point with this. Add to that no jury is the world would convict someone of this. It seems to be getting harder for counties to distinguish between crime and accident. Contact a defense lawyer right away.
The U.S. Supreme Court recently ruled that a dog sniff is a search and necessitates a warrant, but only for home properties. In other words, the police cannot simply walk onto your property with sniffing dogs for the purpose of contraband detection without a warrant. There is a much more limited expectation of privacy in a vehicle, and after all, the area surrounding your car is public road.
Proving police misconduct with just the above facts seems very difficult. It doesn't take much...
Unfortunately courts in minnesota have ruled you have no privacy in "subscriber information". That means you can't exercise a privacy right over that. However, recent Federal rulings call that into question. This leads to what we lawyers call "fun." If you are fortunate enough to be a situation where your phine records have been subpoenaed, but you have not been charged, then heed this singular piece of advice: DO NOT TALK TO THE POLICE. They're gonna come knockin'. Don't talk to them....
Under the current Brooks/McNeely analysis, you are prime material for a great constitutional challenge. You should absolutely hire an attorney and under no circumstances plead guiltly. You're not going to jail, even if you push it to the bitter end and lose, and young people are particularly well situated to challenge the voluntariness of the consent pursuant to Brooks.
You state that you're not trying to fight this, but the outcome of your case is often dictated by the strength or weakness of your case. YOu may think you'e up a creek, but DWI is a nuanced area of law with a heck of a lot of case law. Many attorneys will charge an abbreviated fee just to make the discovery request, go over all the reports and videos, and tell you whether you have a challenge or whether you're totally screwed. However, it is important at all costs that you not give up the...
This is an excellent case for trial. YOu need an experienced criminal defense attorney that has done a lot of DWI law. The road test is not admissible. Lots of good resolutions with the right lawyer. Love this case. Do not roll over this, and do not plead. I'd be hesitant about even shooting for a careless. It seems to me the case should be dismissed with the right fight.
"Possession and Control" of a motor vehicle is viewed very broadly by the statute. Technically, it could be said you were in possession and control of a vehicle. The reality is, however, that juries can be pretty loath to convict people of such violations, because, frankly, they may view the fact you're waiting for a ride to be a very responsible thing to do. It's a shame the law doesn't recognize when people are trying to do the right thing. Prosecutors will sometimes ditch these if a...
It is within the power of a lawyer to motion for a modification of probationary conditions. There is also good caselaw regarding court imposed restrictions and the interests of government vs. The right to freedom of association, and the greatest among those freedoms is the right to be with family. There is great justice in this case and I believe a judge would look favorably upon it.
Even with the details here, you could be identified by law enforcement. Make no statement to the police. If they are calling you again and again, it's because they don't have the evidence. If you give them a voluntary statement, they'll have it. Contact a criminal defense attorney immediately.