Paul Dockstader Sullivan’s Answers

Paul Dockstader Sullivan

Kalispell Appeals Lawyer.

Contributor Level 9
  1. Is there any way to get my license back before the six months if the police had no reason to ask for a breathalyzer?

    Answered over 1 year ago.

    1. Solomon Neuhardt
    2. Paul Dockstader Sullivan
    3. Sean Patrick Lewis
    4. Martin W. Judnich
    5. William A. Jones Jr.
    5 lawyer answers

    You have 30 days after your license is revoked for a refusal to file a Petition for Return of Driver's License. You file that in the District Court for the county where you were stopped. It's a civil case, not criminal, and is fairly specific. The question before the court on an action for return of driver's license is whether there was sufficient legal cause for the officer to ask you to take the breath test. If there was, no matter how you did on the SFSTs (field tests) your license will...

    6 lawyers agreed with this answer

  2. Will refusing to do sexual evaluation hurt an appeal process.

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Solomon Neuhardt
    3. Anthony Michael Solis
    3 lawyer answers

    The evaluation is unlikely to have much impact on an appeal. When you file an appeal, you're challenging some aspect of the trial or procedure in the lower court. If there's an appealable issue is probably already exists (although there could still be errors at sentencing as well). Without more information about why the evaluation is being performed, it's hard to get more in depth on this issue. Feel free to contact me if you have further questions.

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  3. I'm my moms POA and I just found out that she has sold her trailer to someone. Whats the legal way to back out of this

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. William Thomas Schemmel
    3. Bernard Harley Greenberg
    3 lawyer answers

    A power of attorney authorizes you to act on your mother's behalf, but it doesn't prevent her from continuing to do so. Unless she is incompetent, or you have a guardianship over her, she's free to continue selling things - like her trailer. If you obtained the power of attorney while she was competent, but now believe she is incompetent, it may be possible to invalidate the sale - but you need to act quickly and decisively. I would recommend contacting an attorney immediately if this is a...

    5 lawyers agreed with this answer

  4. Can you get at people's private documents by filing a frivolous lawsuit and then deposition for the documents?

    Answered over 2 years ago.

    1. Paul Dockstader Sullivan
    2. Mark Alan Mackin
    3. Jonathan Neal Portner
    3 lawyer answers

    There are limits to discovery, but you need to know the correct objections to make. Generally, a court will assume a discovery request is proper unless the other party raises an objection or asks for a protective order. It sounds like you need to do this if you want to protect your information. I would recommend contacting an attorney quickly.

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  5. How do I change my plea from 'not guilty' to 'guilty' in Lewis and Clark County (Helena, Montana) ?

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Timothy N. Baldwin
    3. Ethan Patrick Meaney
    3 lawyer answers

    Are you represented? If you don't have an attorney, even for a first DUI you qualify for a public defender. My strongest advice is to talk to someone and seek representation before pleading guilty. Conviction for DUI in Montana carries a potentially very serious penalty as well as some side-effects like a loss of drivers license for 6 months. Seriously, talk to an attorney.

    4 lawyers agreed with this answer

  6. Is it to late for me to have papers wrote on an agreement for people living in my house

    Answered almost 2 years ago.

    1. Paul Dockstader Sullivan
    2. Mark Alan Mackin
    3. Ryan Vancil Esq
    3 lawyer answers

    Since that house is in North Dakota you will need to talk to an attorney admitted to practice there. I would recommend moving quickly.

    4 lawyers agreed with this answer

  7. Do I need a lawyer for my divorce?

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Solomon Neuhardt
    3. Edward Brandon Beckham
    4. Scheherazade B Rastegar-Djavahery
    4 lawyer answers

    Most counties have a self help law center. It may be worth visiting with them to find out more about what would be required if you represented yourself. Then you'd have a better idea whether you needed a lawyer.

    3 lawyers agreed with this answer

  8. Can children gain power of attorney for parents who have declared POA for each other and now can't care for themselves?

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Kelly Scott Davis
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    In order for your parents to grant a power of attorney to you they need to be mentally competent. From your description here it sounds like the mother is not, and the father may not be. If this is the case then a power of attorney is out of the question. There is another option. You can petition the court for a guardianship and conservatorship over your parents. If successful, the Court would make you the legal guardian for your parents and put you in charge of their physical wellbeing and...

    3 lawyers agreed with this answer

  9. Will it be difficult to get 50/50 custody when I only have visitation of my daughter?

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Anneshia Miller Grant
    2 lawyer answers

    From what you say here, there are a lot of facts in your favor. In Montana, custody determinations are made in the best interests of the child. This means that it's a heavily fact based determination. My best advice is to sit down with a family law lawyer and discuss your options. It sounds like a contested hearing or a trial is in your future and the best thing you can do is start preparing as soon as possible.

    3 lawyers agreed with this answer

  10. Will a DUI show up when crosing the border?

    Answered over 1 year ago.

    1. Paul Dockstader Sullivan
    2. Alan James Brinkmeier
    2 lawyer answers

    My experience is that the Canadian Border officials have access to a very thorough database. Most of my clients with a DUI in their background have it appear if the border looks into their history. That being said, a number of them have made it through the border only because there was no background check. I would not depend on being able to cross the border, but it does happen.

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