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Debbie Eva Lang's Answers
Contributor Level 9
- 41 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Did I wait to long
If your blood test was .08 or greater you will have two issues to address - criminal and civil. The criminal charges are issued by the prosecution. Since the offense was in August, the prosecutor is well within the statute of limitations and able to charge the offense. Thirty (30) days is irrelevant to the criminal case. You will receive a court date by mail once the charges are filed. The civil case, however, has a time limit for initiating the action. The Department of Public...
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3
Attorney answers:
Shoplifting
I agree that you should retain an attorney to represent you. It is important to preserve the integrity of your record. It may be possible to negotiate a result that entirely avoids a conviction. If you are contacted further, by law enforcement or a representative from Cub Foods, you should decline to provide an additional statement unless represented by an attorney. Feel free to contact my firm for a consultation.
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3
Attorney answers:
I have a restriction on my DL from 12 years ago and I would like it removed. How do I do this? Do I need a lawyer to do this?
I agree that additional information is needed. A common restriction that people ask about is the restriction involving possession and use of alcohol following repeat DWI incidents. (i.e. - a B-card) The imposition of a B-card is currently a lifetime restriction. You can contact an attorney to discuss further.
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3
Attorney answers:
Are b-cards in MN mandatory if eligible for one or are they still at the discretion of someone at the MN DPS?
Mr. Gallagher's response is correct. Additionally, if you challenge the most recent revocation and DWI criminal charge, it may be possible for you to avoid the driver's license consequences. Accordingly, you should hire legal counsel and Petition for Judicial Review for the revocation immediately. As you may know, you must file the Petition within 30 days of receiving notice of the revocation. An attorney that specializes in DWIs will be able to represent you in both the criminal and civil...
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6
Attorney answers:
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Charged with DWI for a .07 level
The "field test" is called a preliminary breath test. These results do not hold evidentiary value. The charges are based upon the results obtained at the police station. In MN, you can be charged with a DWI even if your results are under .08. (Had the results been .08 or greater, you would have an additional DWI charge.) To obtain a conviction, the State must prove that the amount of alcohol consumed resulted in being "under the influence of alcohol". Driving conduct, admissions,...
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3
Attorney answers:
What is the best method of turning myself in?
I agree that you should retain an attorney. Based upon the duration of probation, and the brief description of the offense, you are on felony probation. If the judge imposed a "Stay of Adjudication" or a "Stay of Imposition" these important sentencing mechanisms are now in jeopardy. (These sentencing mechanisms allow for dismissal or reduction of the felony conviction upon successful completion of probation.) Further, for a felony offense you could be looking at prison time if the entire...
1 person marked this answer as helpful
4
Attorney answers:
Am I in lots of trouble.
Without question, you need to consult with an experienced criminal defense attorney. You should also avoid making statements to anyone, including police, unless and until you have retained an attorney. You have the right to remain silent and the right to have an attorney present during police questioning and you should certainly exercise this right.
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2
Attorney answers:
I recieved an underage consumption while driving charge, but I had been taking albuterol. How do I fight this?
You should have your case closely examined by a criminal defense attorney that specializes in DWI work, such as myself or another Avvo DWI attorney. The officers need not see you physically driving the vehicle to be charged with Underage Drinking and Driving. It will be the State's burden to prove this element of the offense. Needless to say, this is an element that we would examine closely to determine the best means of bringing a challenge. Questions that arise are: Did someone...
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4
Attorney answers:
I was arrested for DWI off a report from a private citizen. How can I get a report of the call?
Your attorney will be able to obtain all discovery (a.k.a. "evidence") in your case. The prosecutor is obligated to disclose all evidence. Your attorney will make the appropriate motion. In Minnesota, it is imperative that you move quickly to obtain legal representation. You must act within the initial 30 days following revocation of your license. Upon notice of revocation, you are allowed to file for judicial review within 30 days. The petition for judicial review must state the...
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3
Attorney answers:
How do I go about lifting the probation for a misdemeanor so I may join the USAF?
A motion must be brought before your sentencing judge. You should make certain that all other conditions ordered at sentencing have been satisfied prior to the hearing. (i.e. Chemical health assessment and recommendations, MADD panel, etc...) You should contact your attorney regarding this motion. If you do not have an attorney, you should immediately begin interviewing firms. Our firm has handled this type of motion many times in the past. Feel free to contact us for a free consultation.
1 person marked this answer as helpful