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Thomas Marlan Petersen

Thomas Petersen’s Answers

125 total


  • I was just cited for a 28-441 in Omaha Nebraska.

    I was very compliant with the officers. What should I expect?

    Thomas’s Answer

    $100 fine and an entry on your criminal record. Diversion is more expensive but avoids a record.

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  • Is evidence, acquired from my trash can, (outside next to the street) submittable in court?

    Would a government investigator confiscate my trash to acquire evidence?

    Thomas’s Answer

    You generally have no expectation of privacy for Ynez placed in the trashcan and placed on the street for collection. Therefore the police can search those items and later he use them against you in court if they can connect you to the items.

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  • If my child was accused of sexual assaulting another child and they find out no sexual assault was committed will they drop it?

    My child has no history of being violent or even being in trouble.

    Thomas’s Answer

    • Selected as best answer

    If the investigation reveals that no sexual assault occurred, then the State will likely dismiss. If he's charged already, then little additional investigation will probably occur. You should consult with a lawyer to discuss the process and how to mount a defense.

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  • Is getting an attorney pointless for first time DUI with high BAC?

    This is my first ever offense (been pulled over once and got a fix-it ticket but that's it). I'm 20yo, and yes I know it's underage, and was out at a friend's house. Thinking I was okay to drive, since none of my friends could drive for me, I left...

    Thomas’s Answer

    Definitely get a lawyer. You ate facing an aggravated DUI with mandatory jail time or extensive community service which you can probably avoid by hiring one.

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  • I have had a work permit for a year and a half. about a month ago I got MIP at a party. I am 19 years old.

    never been in trouble before

    Thomas’s Answer

    You should consult with a lawyer in your area. Many give free consultations and can tell you how to best handle the matter based on all the facts.

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  • What are the possible penalties for getting a probation violation for having a PBT test of .001?

    I thought it was a soda it was hot outside and i stopped over to talk to a neighbor who was outside and i just took a drink out of what i thought was just soda before i knew i had already taken a drink of a very strong whiskey and soda. she had he...

    Thomas’s Answer

    Get a lawyer and fight the violation. The PBT machine is very inaccurate and .001 result could have resulted from just eating or drinking something non-alcoholic.

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  • My boyfriend got stopped for a DUI. DMV dropped case. What can happen with county court?

    He got pulled over his breathalyzer showed .103 his blood work came back with a .084. He got a letter from his lawyer saying the DMV dropped their case. Just curious as to what the consequences could be. Its his second DUI, the first being 5 years...

    Thomas’s Answer

    The penalties for a 2nd Offense Non-Aggravated DUI are:
    •Charged as a W misdemeanor
    •Minimum jail time 6 days
    •Maximum jail time 30 days
    •Fine of $500
    •One year license revocation
    •Shall apply for ignition interlock after 45 days
    •If you are given probation you will get a one year license revocation with ignition interlock after 45 days, $500 fine and 10 days in jail or 240 hours of community service work.

    With a .084 test, it should be reduced to a less charge however.

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  • Do you have the right to view video surveillance that a police officer has accused your child of committing a crime on?

    a crime was committed and captured on video. the investigating police officer claims it is our minor child on the video and has had him charged with criminal mischief. do we have the right to view that video? it is impossible that it is our son on...

    Thomas’s Answer

    You are entitled to see the video but you may have to file a discovery motion and get the Court to order it produced. Get a lawyer to fight the case. Your lawyer will be able to get the video and police reports as part of the discovery process. If your son was with you at the time of the alleged crime, your lawyer will also need to give notice of an alibi defense to the State.

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  • If I successfully completed diversion does the charge show up on my criminal history report

    in lancastor county I was a minor

    Thomas’s Answer

    The arrest/citation will always appear on your record and available to law enforcement. However, since the charge was dismissed, it will not appear on your public arrest record.

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  • Can I petition that the ticket get thrown out of court? Or what action should I take?

    I was driving on the interstate in a construction zone where it is 55 mph and the fine is double. I was pulled over and the officer came to my car and said I was speeding and that the fine is double. It was a sunday morning and no workers were pre...

    Thomas’s Answer

    You should take the case to trial. Section 60-682.01 of the Nebraska Statutes allow for fines to be doubled when signs are posted and workers are present.

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