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Douglas Troy Kans
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Douglas Kans’s Answers

197 total


  • My husband recently was arrested for dwi, his only one in over 20 years after over 15 years of sobriety.

    He had 3 prior offenses on his record from when he was young so license cancelled ips. he can get his license back if He does interlock. Since he is not working & had surgery that makes him unable to work at present he has not attempted to get h...

    Douglas’s Answer

    Unfortunately, as my colleagues have stated, the interlock would be a requirement. Although not an ideal situation, at least it would allow him to drive. If you have various concerns about how the interlock program may work, make sure you call the various interlock companies that offer the program and make sure you get all of your questions answered so as to make an informed decision as to how it will function and what may be your best choice. Good luck!

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  • Can I have a "2nd dui in 2 yrs" conviction amended/corrected?

    Charged with a second dui within 2 yrs (and pled guilty on a plea agreement. The offense took place June 2014. During a chemical dependency assessment, realized the prior dui charge took place Dec, 2010 (not within 2 yrs). Somehow nobody, inclu...

    Douglas’s Answer

    Confused by your question...the look back for enhancement in a DWI case in Minnesota is 10 years. So, if you are questioning whether you second DWI can be enhanced based on a 2 year old prior DWI conviction...it can. If that is not your question, please clarify so I can understand. Thanks

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  • My husband received a DWI in Minnesota, 1st time offense. .11 urine test. Does anyone ever get stay of adj with DUI?

    Details: 1st time offense, no prior driving violations. age 43. Failed roadside tests also. Thinking to plead straight up as fighting the implied consent usually is to no avail. Take his lumps or contact prosc for plea deal. If deal what would you...

    Douglas’s Answer

    There are many complexities in a DWI case. I would suggest you contact an attorney to at least provide you with some information an guidance on your situation.

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  • My laywer didn't submit a brief when he was supposed to in my implied consent. Said we wouldn't win anyway. Is that normal?

    Judge gave him 3 weeks to submit. The day it was due I sent him an email asking for a copy - no response. Emailed him and firm for next week with no response. Finally emailed back and asked to talk on ph and said he didn't submit anything becaus...

    Douglas’s Answer

    Any issue with regard to legal strategy should be discussed personally with your lawyer. He or she is in the best position to give you advice on this issue. Good Luck

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  • What should be expected with my case procedure I was Pulled over and got a 5th Degree controlled substance, 3rd Degree DUI

    Also a possession of syringes with no perscription i was in carcerated for almost 40 days with a bail of $6000 and furlough to treatment from jail if wasent bailed im in processes of getting into treatment impatient tomorrow but will be dirty as w...

    Douglas’s Answer

    With your record stated above, it really would be in your best interest to sit down with an attorney to review your entire criminal history along with the new charges. This way, your attorney can properly advise you of the potential liability here, but more importantly, a thoughtful legal strategy as to how to best approach your case.

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  • After a DWI when am I eligible to get my license back?

    My first DWI, I blew a .13 and I have no priors if that matters. Does the 90 days start AFTER my court hearing, or was it when my license was clipped. I know I have to do some other required tests to apply for a license and I know I have to wait u...

    Douglas’s Answer

    The revocation period generally starts 7 days from the date of the notice of revocation due to the seven day temporary. However, please be aware that there are opportunities for you to either challenge your license or achieve an administrative reduction. You should reach out to an attorney to discuss.

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  • MN DWI Laws, semi-technicial procedural question (im not sure if that describes the question, correctly...)

    my first appearance is next week and the county attorney hasn't said what evidence he has used to determine that i was "under the influence". for example, like i failed a Breathalyzer or my blood sample came back with some kind of positive, result...

    Douglas’s Answer

    Well, it depends and I'm a bit confused. Did you take a blood or urine test? Have the results come back yet? If not, have they charged you with just driving under the influence of alcohol, at this point, or have you also been charge with the .08 charge? Do you have an attorney? If so, he or she should have made a discovery request at this point and should have provided these details. If you do not have an attorney, I strongly suggest you speak with one.

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  • Follow up question about MN DVS not reducing my licence for refusal charge dismissed. It is my first dwi on my record. One year?

    This is my first dwi ever and it is 4th degree, parked in my driveway. Public defender got refusal charge dismissed with guilty plea to 4th degree dwi. He said it would be teduced. Feb. 9 was the conviction date and I have had only a runaround of ...

    Douglas’s Answer

    They are wrong, since you do not have a prior, it does matter that the refusal was dismissed and that you plead to a fourth degree DWI. You are entitled to the reduction.

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  • Can MN DVS revoke my license for a year for dwi test refusal when refusal charge dismissed with guilty plea to 4 degree dwi?

    DVS told me they can because it is a civil case. How can this be with refusal dismissal?

    Douglas’s Answer

    Well it depends on a few things...do you have a prior DWI conviction or alcohol related revocation on your driving record? If so, then the dismissal of your Refusal charge alone will not result in a reduction in your revocation period as you would need have challenged your license revocation for the Refusal and have it rescinded or dismissed.

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  • What do I need to do to have my mn license suspension reduced to 30 days after a guilty plea 3 weeks ago ?

    I was originally charged with refusal and 4th degree dwi parked in control of my vehicle. Licence immediately revoked for one year. Plead guilty to dwi....refusal dismissed...was told it would get reduced to 30 days...reinstated my licence...passe...

    Douglas’s Answer

    The administrative reduction is automatic assuming you have NO prior convictions for DWI or license revocations relating to testing at or above the legal limit. You may want to check with the court in which you plead guilty to make sure the conviction actually got certified properly to the Department of Public Safety. Good Luck!

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