I got my 2nd dui and have my cdl. I'm wondering if I can use my suspended imposition so that I don't lose my cdl
Not enough information to answer. Dis you receive a Stay of Imposition on your prior DWI or did you get it after pleading guilty to the second DWI? Did you lose you CDL on your last DWI? Stay of imposition of sentence shouldn't help you regarding your CDL, but it would be best to hire a lawyer to ask you the right questions and properly advise you. Your livelihood (CDL) is worth getting proper advice.See question
I have more then 1 dui so they seized my car after my recent dui. I was parked and sleeping in my car with the car on. can the still seize it if i was sleeping and not driving?
The state can seize your car if you were over .16, had a kid under 16 in the car or you refused the test at the police station (presuming your prior offense was in the last ten years). You have 30 days to challenge your license revocation and 60 to challenge the motor vehicle forfeiture. The State will argue you were in physical control, but who knows if they have enough to prove it. Even if they can do it, you may have other issues. Get a lawyer on this immediately.See question
Police were called to do a wellness check cause family thought I was driving while intoxicated, wasn't driving, but I was in my car smoking a cigarette and passed out, mind you I was at my apartment complex. Car was not on and keys fell between th...
They can always charge you. The question is whether the prosecutor can win it in court, and whether the Attorney General's office can win your hearing on the license revocation. You have thirty days to file a Petition for Judicial Review of the license revocation, You should have a lawyer do this. The state will argue physical control, but they don't always win. I just won one in mid-December with a client well over .20. I just watched a video recording of a similar case, where cop yelled for my client to stop as he left a parking lot. .Did the cop have enough to yell for my client to STOP. That's up to me to argue and the Judge to decide. But you never win if you don't try.See question
I was pulled over for a speed in Duluth. I had a couple of beers and the officer pulled me out for the tests- when given a breathalyzer, tried to blow , but I have asthma, I couldn't complete the test- he gave me a refusal. This is my second in 10...
The real answer is: Depends on what happens? If you hire a lawyer and win - the sentence is nothing. Otherwise, it depends on the Judge, the prosecutor and your lawyer - as well as the mandatory sentencing laws unless your lawyer can convince the judge to sentence without regard to the mandatory minimums (there are legal grounds to do this).See question
My Christmas plans just changed and I am supposed to travel to Illinois to meet family. I am on Probation for 3rd degree DWI in Minnesota, and my sheet says i need permission from P.O. 48 hours in advance of leaving the state. I cannot reach my P....
I'm a bit late in answering with a solution. If you had a private attorney on your case, ask the lawyer to see if the on-call judge in your county can help., This is the type of stuff people fail to factor in when they decide NOT to hire a lawyer. NOTE: In Hennepin, this is virtually impossible on a weekend. However, in other counties, you may be able to get a judge's permission. Many of us have the on-call judge on speed dial in some counties. Beware, many judge's will have the opinion that you are too late and that it is now the duty of the probation department to make these decisions.See question
I was arrested for a dui and during my breathalyzer I fell to the floor so one officer picked me up and held me up to the breathalyzer since I could not stand on my own and had me blow into the machine. I read that they are required to observe me ...
Minnesota's latest breath testing machine is The Datamaster DMT. Training on the machine tells the police that is essential to have a15 minute observation period before asking the test subject to blow. Your lawyer should obtain the video of you in the police department and see whether the officer is present during the 15 minute period. In order to present a good "mouth alcohol" defense, you would have to testify that you actually burped up some alcohol in that time before testing. Further, your lawyer should hire an expert in breath testing science to testify at you hearings and trial. The expert would likely testify that the presence of alcohol in your mouth could affect the reliability of your test result.See question
I am in the CDL course in college in MN and I took my behind the wheel and pre-trip test and my instructor told me that I passed both test. He did the paperwork and everything and gave me my slip saying I passed. Then about ten minutes later he co...
Of course, if you did not pass a required test, you haven't met that requirement. The cost of the class is irrelevant. There are other ways to obtain a CDL, and it would be in your interests to know the actual requirements that the state sets (which may be different from your college) - check with the State Department of Public Safety - Go to www.mndriveinfo.org Click on MANUALS and then look at the Commercial Driver's License Manual for the requirements.See question
My 14 year old took my car and got pulled over by a police officer. She was given 3 tickets. One for driving without a license, one for driving without headlights on and one for driving through a red light. It took a while, but we finally got a re...
This is not something where a 14 year old should just plea guilty. This will haunt her as she tries to drive legally in the near future. A good private attorney will take the time to discuss the problems which led her to take the car in the first place. Dealing with her problems now is much better than waiting for them to grow and grow.See question
I was pulled over after getting my truck fixed. I was charged with driving with a cancelled isp. I didn't blow anything either. My probation officer said she would not violate me as I was honest with her. Will i sit jail?
Depends on the county and the judge. You should hire a lawyer who can look for a way to win, but if there is no way, to find ways to reduce the pain. There are steps to take that a lawyer can help you with to look better in court and to put you in a better position with the judge and prosecutor. This is a gross misdemeanor offense and should not be handled without the assistance of a lawyer. The lawyer should also be able to provide guidance on how to get back to driving legally.See question
My mom threatened to lock him up
He would be committing a felony Criminal Sexual Conduct crime, if this 40 year old has sex with you (even just touching your breast or inner thigh) and he is in a position of power (teacher, counselor, lawyer, shrink, coach . . . ). That holds true until you reach age 18. Regardless of legalities, your mom is right to be suspicious. He's a pretty weird dude if he's interested in a 17 year old - Trust me, it's not because you're SO mature for your age. A good rule to follow to calculate an appropriate age for dating is half the oldest person's age plus seven years. So, the 40 year old should not date anyone under age 27 and you should not date anyone under age 15 1/2 (but watch out having sex with persons under age 16)See question