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Jay Edward Carey's Answers
- 48 Legal Answers
- 5 Legal Guides
3
Attorney answers:
Can I be pulled over without probable cause in Minnesota?
The other contributors are right. It is a legal stop. The standard for initiating a traffic stop is "reasonable suspicion of criminal activity." It is not "probable cause." The standard is low. Cops can scan plates without any justification. If the registered owner's status is suspended, a traffic stop may be initiated unless it appears that the driver does not match the description of the registered owner. Even if it's a legal stop, you still may be able to keep this incident off of...
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2
Attorney answers:
I am wondering about getting my criminal record expunged in Minnesota.
Expungement in Minnesota is often misunderstood. Expungement is a request to seal judicial and/or executive branch records, so that they cannot be obtained by a third party. Judicial records are held by the courts and include records of conviction. They also include records in which the case was dismissed or the defendant was acquitted. Executive branch records are those held by police agencies, including, most notably, the Minnesota Bureau of Criminal Apprehension ("BCA"). The BCA...
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3
Attorney answers:
I'm on supervised probation for a 4th degree DWI will i be drug tested too?
Two situations can give rise to a "no use" condition of probation: 1. The judge ordered no use at sentencing; or 2. The judge ordered you to complete a chemical use assessment and follow its recommendations, and you obtained an assessment that recommended no use of alcohol or drugs. Unless one of those two events occurred, probation will not test you because it is not a condition of your probation. Disclaimer: This answer is for informational purposes only. It does not...
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3
Attorney answers:
Can a person get charged with a DWI 5 months after being pulled over for suspicion of DWI?
Five months later isn't an issue because the statutes of limitation in Minnesota is three years for a typical DWI. Generally, it takes the Minnesota BCA three months or more to test a blood or urine sample for a wide range of controlled substances. A five-month delay in charging is quite common. Methadone is a Schedule II controlled substance and will result in the loss of driving privileges following an arrest where the Minnesota Implied Consent Advisory was invoked. The presence of...
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4
Attorney answers:
How long to wait for DUI ticket?
Your husband has 33 days from the mailing date of the notice of license revocation to challenge the revocation. He can obtain the alcohol concentration by calling driver evaluation at 651-296-2025. He should take advantage of a free consultation with a lawyer to see if contesting the license revocation makes sense in his case. He would be smart to figure out his options before the 33-day period expires. This period starts running regardless of whether he receives a notice/summons to appear...
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2
Attorney answers:
What if i lied for the statement of the police am gone go to jail.
As a witness/alleged victim, you have the right to retain an attorney to protect your interests. The course you should take hinges on your specific circumstances. It may be advisable to set the record straight before trial, which could persuade the prosecutor and defendant to resolve the case.
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4
Attorney answers:
I got a minor while driving when I was 17. I am now 22 and just got a DWI. Is this considered my second offense?
A lawyer needs more facts to answer your question completely. It sounds like you were convicted previously of underage drinking and driving. In that case, if your alcohol concentration was less than 0.08, then you wouldn't have received a six-month Implied Consent license revocation because you tested below the per se legal limit of 0.08. You likely lost your license for 30 days due to the underage drinking and driving conviction. The 30-day suspension is different than an Implied Consent...
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2
Attorney answers:
Will it still be possible to get citizenship with the two charges below?
You should obtain a consultation from an experienced immigration attorney. Most charge $100 to $200 for a consultation, and some will credit you the money if you hire the attorney to represent you further. I address DWI and immigration concerns on my site listed below. The general rule is that you have to establish "good moral character" during the preceding 5 years. A single DWI conviction within 5 years may not bar naturalization, but is a case-by-case analysis. You also may have problems...
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3
Attorney answers:
Have you ever heard of someone getting drug tested the day they go to pay their fine?
If you pay a fine a district court window, you won't be asked to take a drug test. If you pay a probation fee at the probation office, you won't be drug tested unless it's your turn to be tested randomly with probation. If you have a probation meeting scheduled, you very well could be tested at that time if you are subject to "no use" and random testing.
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5
Attorney answers:
DUI case offering to drop down to Reckless/Careless. License never suspended after blood test. Trying to understand options
It can take 2 to 4 months or sometimes longer for the DPS to mail out notice of license revocation based on a blood or urine test. I have never seen the DPS lose the "paperwork," but I suppose it's possible. The average time is approximately two months. A Careless Driving conviction will not trigger a DWI driver's license revocation. The real problem is the pending Implied Consent license revocation based on the blood test. While valid, a person can obtain a license in another state...
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