Jay Edward Carey’s Answers

Jay Edward Carey

Minneapolis DUI / DWI Attorney.

Contributor Level 11
  1. What happens if a Brand new finaced vehicle is seized for DWI

    Answered 6 months ago.

    1. Samuel John Edmunds
    2. Ethan Patrick Meaney
    3. Derek Anthony Patrin
    4. Andrew M. Leone
    5. Jay Edward Carey
    6. ···
    9 lawyer answers

    With an attorney's help, you may be able to win the forfeiture, negotiate return of the vehicle to you, or negotiate return of the vehicle to the lien holder. You don't want the vehicle auctioned off.

    9 lawyers agreed with this answer

  2. I was pulled over last night for a DWI. At the scene I blew a .16

    Answered almost 2 years ago.

    1. Maury Devereau Beaulier
    2. Thomas C Gallagher
    3. Jay Edward Carey
    4. Paul Darrell Cramm
    5. Douglas Troy Kans
    6. ···
    6 lawyer answers

    It sounds like you submitted to a blood or urine test. If so, the police and prosecutor often will wait to receive the results of the test before you get a court date. Usually, it takes the police and prosecutor 3 to 4 weeks to receive the results of a blood or urine test back from the crime lab. If the test result comes back over the legal limit, you eventually will be mailed a court date. In addition, the Minnesota Department of Public Safety would mail you a notice of license revocation,...

    9 lawyers agreed with this answer

  3. Husband arrested for DUI - now what?

    Answered 6 months ago.

    1. Derek Anthony Patrin
    2. Ethan Patrick Meaney
    3. Samuel John Edmunds
    4. Andrew M. Leone
    5. Rodd Ahren Tschida
    6. ···
    12 lawyer answers

    The PBT of 0.163 is not the official test. After arrest, most people take the DataMaster breath test at the police station or jail facility. If he took that test or was charged with test refusal, then the license revocation starts one week after the incident happened. If he took a blood or urine test, then the license revocation won't start for a few weeks. Your husband should avail himself of a free consultation to figure out his options. A person ordinarily has 30 days from the date of the...

    8 lawyers agreed with this answer

  4. I submitted a blood test after being detained for DUI. The first one didn't work. Can the case be thrown out due to this?

    Answered 7 months ago.

    1. Samuel John Edmunds
    2. Ethan Patrick Meaney
    3. Jay Edward Carey
    4. Andrew M. Leone
    5. Maury Devereau Beaulier
    6. ···
    7 lawyer answers

    Multiple tests can be administered if there are problems getting a valid test sample. Unless the defendant revokes consent for the second test, it will be deemed consensual. If consent were revoked, the police would charge the defendant with test refusal. It will take 3 to 8 weeks to find out the blood test result. If the reading is over the limit, Driver and Vehicle Services will mail you a letter to the address on your license, indicating the commencement of license revocation.

    6 lawyers agreed with this answer

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  5. Will I be charged with a DWI?

    Answered 6 months ago.

    1. Brent Schafer
    2. Rodd Ahren Tschida
    3. Jay Edward Carey
    4. Ethan Patrick Meaney
    5. Andrew M. Leone
    6. ···
    10 lawyer answers

    I agree with Brent. The prosecution has up to three years to file charges. Post driving consumption of alcohol is an affirmative defense. If court administration mails you charges and a notice to appear, then you should retain an attorney.

    6 lawyers agreed with this answer

  6. What is a Stay of Imposition Pursuant to M.S. 609.135

    Answered almost 2 years ago.

    1. Jay Edward Carey
    2. Mark Edward Arneson
    3. Clifton L Black
    3 lawyer answers

    A stay of imposition is considered a felony conviction until the defendant has completed the probationary term successfully, and at that point, the offense level is reduced to a misdemeanor on one's long-term record. Thus, a person is considered a convicted felon while on probation. Such a person cannot vote, hold public office, or possess a firearm, among other restrictions. After completing probation, certain civil rights will be restored.

    6 lawyers agreed with this answer

  7. I was charged with my second DWI & I have a pending felony charge. What are my options?

    Answered 6 months ago.

    1. Samuel John Edmunds
    2. Anthony William Bushnell
    3. Andrew M. Leone
    4. Douglas Troy Kans
    5. Jay Edward Carey
    6. ···
    9 lawyer answers

    The 0.073 reading sounds like the control sample. That's not your breath sample. Your reported alcohol concentration should be 0.08 based upon what you've written. Consult with one or more lawyers and learn your options for fighting these charges.

    5 lawyers agreed with this answer

  8. I was arrested last night with my first DUI and I have no prior record I blew a .1 after taking five breathalyzers

    Answered almost 2 years ago.

    1. Landon J Ascheman
    2. Jay Edward Carey
    3. Thomas C Gallagher
    3 lawyer answers

    The urine test will determine your official alcohol concentration. The test result will not be available for three or four weeks. You cannot lose your driving privileges until and unless the result is .08 or more. If the test result is 0.08 or more, the Minnesota Department of Public Safety will mail you a letter notifying you of license revocation. Usually, it takes 4 to 8 weeks from the day of arrest to receive the letter. It will be sent to the address on your driver's license regardless of...

    5 lawyers agreed with this answer

  9. Is careless driving considered same or similar offense to a DUI in the state of Minnesota?

    Answered almost 2 years ago.

    1. Andrew M. Leone
    2. Jay Edward Carey
    3. Max Allen Keller
    3 lawyer answers

    Generally, someone should not plead guilty to careless driving at 0.07 unless the driving conduct is quite bad. Prosecutors will have a hard time proving careless driving as a misdemeanor at trial. Careless driving as a petty misdemeanor or misdemeanor will affect your insurance very similarly to a DWI conviction, depending on your insurer. If you were previously convicted of DWI and given a "no same or similar offense" condition of probation, a careless driving conviction arguably is not a...

    5 lawyers agreed with this answer

  10. If i was on probation, someone told the cops i lived at an addy, that wasnt listed as my addy & they found a gun with scratched

    Answered almost 2 years ago.

    1. Sara Marie Grant Rojas
    2. Jay Edward Carey
    3. Thomas C Gallagher
    4. Frank Mascagni III
    4 lawyer answers

    A lawyer needs to know more about your situation. You should consult with a lawyer confidentially. A felon in possession of a gun is a very serious crime.

    5 lawyers agreed with this answer