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Maury Devereau Beaulier
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Maury Beaulier’s Answers

5,150 total


  • How do I go about this scenario? I have no driving record on me and I blew .1 when leagal is .08

    I got booked and released in 45 min tonight for my first DUI offense. What should I expect? Also, on the citation I was given, he has all of the information completely wrong. It's not even my name on the citation! It was the person picking me up t...

    Maury’s Answer

    A first offense DWI is still a serious offense. At a minimum, it is a fourth degree offense. A fourth degree offense is a misdemeanor which carries with it maximum possible penalties of 90 days in jail and a $1 ,000 fine. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

    A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case. The revocation periods and procedures for reinstatement have become much more difficult in the last decade. A first offense within 10 years and a blood alcohol concentration below .16 has a revocation period of 30 to 90 days .

    There are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence. Currently, there are strong challenges to many DWI offenses which are pending in the U.S. Supreme Court. Your case would have to be reviewed to determine if there is any application to your case.

    Additionally, as part of any DWI arrest, the Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

    You should retain a lawyer. Contact one of the attorney's here on AVVO for a FREE consultation.

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  • What should I do?

    I worked for my Father & his investor as a bookkeeper, I reached out to my aunt to look over finances & help with implementing a new method for the restaurant because my father was hurting financially I gave her access to all the accounts as well ...

    Maury’s Answer

    Your situation is serious I am afraid . It could result in criminal charges. Any theft /embezzlement over $1000 would be charged as a felony. You should retain counsel to review the information that is available and determine how best to proceed.

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  • I was convicted of misdemeanor obscene or harassing telephone calls 609.79.1 on 08/20/2008. Am I able to get this expunged?

    I was convicted of misdemeanor obscene or harassing telephone calls 609.79.1 on 08/20/2008 in MN. Am I able to get this expunged?

    Maury’s Answer

    Yes, an expungement may be available two years following the date of discharge from probation if the person has not been convicted of any new offenses. You should consult, in person, with an experienced lawyer.

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  • If I did not show up for divorce court, is judgment final, if the information the judge was given to make decision was not true

    in order to not show up, I was led to believe, we had an agreement. I know how stupid it was, but it can't be undone. I ended up with a judgment against me, that I could have never thought up. I've been taken back several times, and now am going t...

    Maury’s Answer

    You must immediately file a Motion to reopen the divorce. The Motion can be based on inadvertence, excusable neglect, surprise or fraud. You must support your motion with an affidavit and documentation supporting your case for reopening. You will only get one chance to reopen and, as a result you must make a compelling case. Please contact a lawyer to discuss your options\.

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  • Appeal 2

    How would I appeal the sex offender registry law in Minnesota. It makes it unsafe for offenders. Anyone should not be able to see all your info. It lets people know where to find u at all times. Making very easy for someone to get seriously hurt o...

    Maury’s Answer

    The appeal process is very taxing and would require an attorney. The process aside, you must have a basis for an appeal which would require a review of the case. You would need a detailed conversation with an attorney to determine whether there is any viable appeal.

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  • Is there such a law? I've only found laws about harassment of employees while at work

    A poster on a forum claims that "harassing" a family member of a Federal employee is a felony. 1) I have no evidence that the poster has any family members. 2) I have no evidence that any alleged member of his alleged family is a Federal emplo...

    Maury’s Answer

    Harassing can be a criminal offense or a basis for a restraining order regardless of whether the person is related to a federal employee. THe real question s what behavior is occurring and whether it is actionable.

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  • Do I have a say in schooling? How about child support ? And how do I get my portion for child care?

    I'm divorced almost 3 years ,in our decree I have 50/50 and my ex wife has 2 more nights a month then me for 2 kids she plans on moving in with her boy friend ( they recently ) got engaged the problem is she is moving them out of there current sc...

    Maury’s Answer

    if you share legal custody (which is likely) then any change in schools should be a joint decision. If there is conflict, the court will make the decision based on who makes the best argument related to the best interests of the child. Arguments have to be carefully crafted and much more would have to be known. For example, does either parent still reside in the school district? If not, there may be a strong basis to change schools. the question then becomes which school. You should have an experienced attorney.

    Child support can be modified if there has been a substantial change in circumstance since the last order. This should be reviewed by an attorney as well.

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  • Is there anything I can do for my child to protect her? Is there anything I can do to stop his unnecessary texts.

    I have full legal and physical custody, father has visitation rights of our 5 year old child. Father has only taken child for a few holidays in two years and now wants to start taking for weekend visits. There are concerns of emotional distress du...

    Maury’s Answer

    The place to start is with your court order. What does it provide for parenting time? If it allows for parenting time, that order remains valid unless it is modified. If you believe there is a basis to modify, you must seek mediation and/or file a Motion in Court. If you resort to self help, it may be argued that you are in contempt of the court order. You would be wise to retain counsel.

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  • Do I have any grounds for appealing the decision regarding paying back my ex-wife on the down payment placed on the house?

    I was recently contacted by my ex-wife's attorney regarding fees they believe I still owe from years ago. Shouldn't they have contacted me earlier if I never paid what they believe is due? Also, I am currently paying her monthly for reimburseme...

    Maury’s Answer

    If attorney fees were awarded in the divorce decree, they can be enforced. If they were reduced to a Judgment collection may still occur if the judgment is less than 10 years old or if, before the expiration of 10 years, the judgment was renewed. her bankruptcy has no impact on what you owe

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