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Derek Anthony Patrin's Answers
Contributor Level 10
- 90 Legal Answers
- 2 Legal Guides
3
Attorney answers:
MN licence suspension for DUI with .07 UA.
As long as you were not driving a commercial vehicle, the DMV can only revoke your license under the implied consent law if you refuse testing or test at or above .08. Otherwise, if you go to trial and end up getting convicted of DWI, the DMV can revoke your license based on the conviction at that point. You certainly have the right to refuse the offer to plead to Careless Driving, but from a practical standpoint, juries are unpredictable. Unless the evidence of impairment is extremely weak,...
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4
Attorney answers:
Will there ever be a chance of getting this expunged? (I would really prefer if MN attorneys answered!)
The conviction for now is at a felony level until you finish probation successfully in 11/2010. Until then, you will have to say "yes" when asked about having felony convictions. Once you get past that point, then you can say no on those forms. But keep in mind that many employers will ask about whether you have any convictions, not just felonies. The matter will still be a conviction even after probation is finished, so respond carefully when asked those questions. Sometimes they'll even...
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3
Attorney answers:
How do you prove residency 30 years later
What is even more surprising about this situation is that California never found a hold from Minnesota over all these years until now. If your main objective is to try to solve this issue without spending a lot of money, I recommend writing a letter to the Minnesota Department of Public Safety explaining the situation and how your husband was not even in MN when the offense happened back in 1983. The letter should also explain how he has been licensed in CA for all these years without ever...
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4
Attorney answers:
DUI Charges, or not? How long before I know?
Your urine sample was likely sent to the BCA lab in St. Paul for analysis. Urine test results can be processed in as little as 10 days or up to several months. The average time is about 3 weeks, so you are beyond the average, but most likely the prosecutor is waiting for those results before charging out the DWI offense. The other possibility could be that your test result came back under the legal limit of .08 and the prosecutor decided not to pursue DWI charges.
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3
Attorney answers:
I was arrested for DUI and recieved no paperwork or ticket and was relesed to a friend. What happens now?
You will receive paperwork in the mail from the court and from the Department of Public Safety when the test results are processed by the BCA in St. Paul. Make sure your driver's license has your current address since that is the only address where info will be sent. It is also wise to consult with an attorney since an attorney can more effectively monitor the situation to make sure you don't miss any court dates or notices from the State. You do not need to wait for the test results to come...
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3
Attorney answers:
Mn driving after revocation, while on dui probabiton
The new offense is a misdemeanor, but usually a person will not face jail penalties over a first-time driving after revocation charge. Most likely it would be probation for a year and a fine. As for the probation violation, the prosecutor will probably want you to serve some kind of jail penalty. If you are close to getting valid or can get valid before your court date, that would help. Typically there are two court appearances for a probation violation, so you could go to court without an...
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3
Attorney answers:
How will this affect my insurance? Is there anything that can be done that is worth going to court or talking to the DA?
It is 100% worth it to go to court on this matter and talk to the prosecutor about this. Many prosecutors will consider keeping a speeding ticket off your driving record if you don't have any prior speeding offenses within a certain number of years. Your insurance company will assess points for this offense if they discover it on your driving record, so try to negotiate a settlement to keep it off your record even if it costs you a lot more than the fine. The prosecutor may not agree to keep...
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2
Attorney answers:
How do I know if the police purposly are trying to get me arrested in order to gain information? "guilty by association"..
From what you describe, the officer did not have a basis to pull over your vehicle or to search your person subsequent to stopping you. Do NOT let the cops just get away with taking these shortcuts in the law. Defense attorneys serve a worthy purpose because we keep the cops in check and protect individual liberties. The more people that call them on this kind of behavior, the less it will happen in the future. Even if it means getting a public defender because you have no access to funding...
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1
Attorney answers:
Can I appeal a felony theft conviction, state of MN, if my attorneys miss represented
The short answer is that it is probably too late to do anything about this plea. Once the defendant agrees and enters into a plea, it is next to impossible to get it reversed. Proving ineffective assistance of counsel is also very difficult since you have to show that you would have definitely won if your attorney had acted differently. That is not easy to prove. Usually the most a person can prove is that their chances of winning might have been better, but that is not enough. I wish I...
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3
Attorney answers:
I got a DUI in 1/2005 and was never taken to court but had my liscense revoked. Does it still count against me?
The question you asked in the subject line wasn't mentioned again in the body of your description, so let me answer that part. In Minnesota, the State can use a prior "alcohol related incident" to aggravate a new DWI charge if that prior incident is dated within the last ten years. A prior qualifies as an aggravating factor whether it was a DWI conviction or a license revocation based on a DWI incident (even if there is no correpsonding DWI conviction). So, that prior license revocation can...
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