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DWI & Criminal Defense Discussion Page

DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC) 
 

On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
 

IMPORTANT: Please remember that the bulletin board is open to the public and answers to questions may include answers by non-attorneys. Any information posted should be considered general in nature and may not apply to your individual circumstances. To respond to a message that has been posted, click on the message and hit "reply". To post a new message simply hit "add message." Please review a full listing of our Rules of Use and Disclaimer before posting.


Subject New Board

Date Fri Feb 1 2008 00:19

Author Maury D. Beaulier

Thank you for making these bulletin boards a popular feature of this website. We occassionally clear the boards in order to speed up the load time for those posting or reviewing posts. This is a new board as of January 31, 2008. We will do our best to respond to your inquiries.

Thank you for your participation.

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     Subject Immigration/citezens human rights

Date Thu May 13 2010 09:11

Author mr ace

i have arrested and detained because i cannot show any documents of my citezenship at that time and their saying that i am deportable because of my aggravated felony. Now my lawyer send them a certificate of my citezenship and got released after 26 horrible days.Is it possible that i can file a lawsuit against immigration?

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     Subject Whiskey Plates

Date Sat Mar 20 2010 11:23

Author Chris (tupperware2day@msn.com)

my husband was charged with dwi. They are making us put whiskey plates on our 18 and 21 year old children's vehicles because they were never transfered out of my husbands name. Do we have any recourse?

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         Subject Whiskey Plates

Date Thu Jul 29 2010 22:11

Author Chelsea (chelsk416@yahoo.com)

I would also like to know the answer to this question. My mother was charged with a DUI recently. The state made her put "whiskey" plates on all the vehicles register in her name. I am 20 years old and work everyday 9-3 and then drive to college which is 70 miles away. My shedule is really strained as it is and i really don't have the time to be pulled over and breathalized for something i didn't do. I don't get home from college untill 10:00 at night. I am wondering if there is anyway to petition this because my mother doesn't have access to my car and my car isn't even the vehicle that she was driving when got her DUI.

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             Subject 3rd dwi

Date Tue Apr 24 2012 19:53

Author Tim Johannes (9mileskid@hush.com)

My friend got his 3rd DWI (all in WI)in 2005. Now he says he has to attend a drunk class/phychiatric class before he can get his license back. Is this true?

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     Subject Multiple States

Date Tue Sep 2 2008 22:04

Author Friend in California (chip.council@me.com)

My friend has bipolar disorder and got into a bad accident in Minnesota with a .29 BAC. He was charged with a 3rd degree DWI (One Aggravating Factor) He lived in Louisiana when the accident happened, but had a Minnesota ID Card from years previous. Since the accident, he has moved to California to be with his parents and get treatment for the BiPolar. My first question is will he have to do jail time since he does not live in Minnesota and cannot do probation (if issued). The other issue is how could the suspend his Minnesota ID Card? Thanks!

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         Subject New Posts at Bottom

Date Tue Sep 23 2008 13:02

Author Maury D. Beaulier

Yes. He could be required to serve jail time in Minnesota.

New posts are at the bottom of the board.

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     Subject impounded car

Date Sun Aug 10 2008 11:52

Author Beth (bbirr4@msn.com)

My father's new girlfriend was pickup for a DUI while using his car, we think this is her 3rd one, how does he get his car back?

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             Subject New Posts at Bottom

Date Tue Apr 15 2008 11:47

Author Maury D. Beaulier

This board is for people seeking legal representation. New posts appear atthe bottom. We do not assist with homework assignments.

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Subject Felony DWI

Date Tue Feb 5 2008 18:23

Author Brendan (brl75@yahoo.com)

Can a 4th(Felony DWI) be expunged in the state of minnesota? If yes, what is the criteria? How long do you need to wait to file for expungment?
A return e-mail would be great.

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     Subject No Expungement Felony DWI

Date Tue Feb 5 2008 18:45

Author Maury D. Beaulier

A DWI of any sort cannot be expunged. A felony, which is a very serious offense, certainly cannot.

A felony DWI carries with it imprisonment of not more than seven years and a fine of not more than $14,000. To be charged with a felony DWI, a person must have three of more prior quialified impaired driving incidents within a ten year period.

The minimum senntence is three years. But the court may stay execution of that sentence. A person convicted is also on probation or conditional release for a five year period based on conditions imposed by the court or the department of corrections.

For a consultation call (612) 240-8005.

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Subject whiskey plates

Date Wed Feb 6 2008 17:35

Author marilyn (wbuhr@aol.com)

why would someone have to put whiskey plates on their car when they haven;t been threw all the court process yet and been convicted? this person who i know is contesting her charges at this point , and no plea has even been entered.

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     Subject License Plate Impoundement

Date Thu Feb 7 2008 11:36

Author Maury D. Beaulier

It is an administrative penalty, much like a license revocation after a DWI. The plate impoundment may be challenged by seeking an adminsitrative or judicial review in the same fashion as a license revocation is challenged. The hearing must be held within 60 days.

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Subject DAC

Date Thu Feb 7 2008 18:32

Author Lai (bluelily228@hotmail.com)

In MN under what situations Driving after Cancellation will be issued? and what could cause a cancellation?

Thank you.
A return email will be great!

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     Subject Many Reasons

Date Thu Feb 7 2008 21:24

Author Maury D. Beaulier

I am not sure that I understand the question. A driver's license can be cancelled for any number of reasons from non payment of child support to DWI offenses.

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Subject Minnesota Work Permit after 2 Dwi's

Date Fri Feb 8 2008 00:03

Author David (firestone2426@hotmail.com)

After someone has been convicted of two DWI's, and aquires a work permit to drive to and from work. Does this work permit cover driving a company vehicle? Stopping places on the way home? Driving to different cities? I work with a co-worker that seems to be lying that she has a work permit and it simply bothers me! What can i do?

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     Subject Limited License

Date Fri Feb 8 2008 14:16

Author Maury D. Beaulier

It encompasses driving to work and for work. It does not enmcompass stops during or after work that are not work related.


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Subject license revocation

Date Fri Feb 8 2008 15:11

Author Adrienne (boogizmo75@yahoo.com)

I just recieved a paper stating my license was revoked effective 02-15-2008 due to a DWI on 01-04-2008. I have not been issued a ticket nor any court appearances. It says something about both administrative and judicial review. I need to be able to drive to work, and don't know how to go about any of this. The local legal aid says they don't handle this type of thing, and I can't afford an attorney. Any help would be greatly appreciated.

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     Subject Limited License

Date Fri Feb 8 2008 21:25

Author Maury D. Beaulier

That is the usual result if there was a urine or blood test. The criminal DWI charge will follow shortly. You have thirty (30) days to seek judicial review by filing a Petition for Judicial review of the license revocation. If this is a first offense with a BAC under a .20, you would not qualify for a limited license to drive to and from work for 14 days. For 14 days you qualify for no license.

Review my article on the
Limited License.

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         Subject how

Date Sat Feb 9 2008 06:17

Author Adrienne (boogizmo75@yahoo.com)

How do I go about filing these petitions? How do I get to work in the meantime? I live in northern Minnesota. Guess I will have to somehow find the money for a lawyer. It is my 1st offense with a BAC over .20. Will I have to do jail time?

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             Subject Limited License

Date Sun Feb 10 2008 00:44

Author Maury D. Beaulier

Normally, you hire an attorney. I do not believe I have seen any forms for doing it pro se. In the meantime, you must seek rides to work or risk a Driving After Revocation (DAR) ticket which is a misdemeanor and carries with it penalties of up to 90 days in jail. In Ramsey county and a few others, jail time is regularly ordered upon conviction.

For a consultation call (612) 240-8005. We can assist you.

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Subject 2nd DWI... need advice

Date Wed Feb 13 2008 15:47

Author HH (hardycooldude@hotmail.com)

I just got done with the court for my 2nd DWI (under 0.20) and have been ordered to serve 30 days with eligibility for EHM and STS. I am wondering how the EHM works (i work normal 8am to 6pm job with travelling involved around the twin cities). Also, is STS a feasible option for a 30 day penalty?
Please advice. Thanks.

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     Subject Depends on Schedule

Date Thu Feb 14 2008 12:03

Author Maury D. Beaulier

Electronic Home Mon itoring means that you must be at home with an ankle bracelet at the times determined by the probation office which will consider your work schedule.

Whether STS is practical depends on your schedule. It requires weekends overnight in most cases from Friday to Monday.

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Subject Implied Consent Hearing

Date Thu Feb 14 2008 13:04

Author JN (jln734@comcast.net)

Just looking for your thoughts on something. My son had an implied consent hearing back in December. The judge ordered the briefs to be submitted by January 4, which they were. How long does it take for a judgment? Is it normal to take this long? (Over a month now.) We are working with an attorney and he said this is not out of the ordinary. I just wanted a second opinion on this, although I know there's nothing we can do but wait.

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     Subject Not Unusual

Date Thu Feb 14 2008 21:06

Author Maury D. Beaulier

A Judge is supposed to generate an order within ninety (90) days of the last submission to the court. (Those are internal court rules and not laws). Generally, it takes significantly less than that. However a month to two months is not unusual.

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Subject Prescription fraud

Date Thu Feb 14 2008 17:29

Author Marcus (jomars33_p@msn.com)

I am being investigated for falsely alterting and filling in older precriptions I used to have for vicodin. I spoke to police once. I am not sure what I could be charged with. Could you tell me the type of offense this would be and if it is a Misdemeanor or more serious. I have never been charged with this before.

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     Subject Fifth Degree Felony Possession

Date Thu Feb 14 2008 21:09

Author Maury D. Beaulier

First, never make statements to police. You have a right to remain silent on any criminal investigation and, in almost every case, it is wise to exercise that right.

Second, if a case is filed, it is likely to be a fifth degree felony drug charge. It is serious and carries with it up to five years in prison. However, with a good attorney, in most case, a criminal record and, certainly, a felony, may be avoided.

For a FREE consultation call (612) 240-8005

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         Subject Additionally

Date Thu Feb 14 2008 21:11

Author Maury D. Beaulier

I would also add that I am handling a number of these cases at present and, in almost every case, the charges have been reduced or dismissed with some stipulations. The county where the offense occurred can be important since prosecutors and Judges vary in their handling of the matter.

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             Subject prescriptions

Date Sat Feb 16 2008 08:49

Author Marcus (jomars33_p@msn.com)

OK Thanks. I will likely call. However, I never actually got the vicodin. I was only found with altered prescriptions and trying to get the vicodin. So is this still a felony?

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                 Subject Depends on Facts

Date Sat Feb 16 2008 14:14

Author Maury D. Beaulier

The answer depends on the facts. If you were in the process of seeking the narcotics, and you tied to fill the prescriptions, it would be a fifth degree felony regardless of whether or not you received the drugs under Minnesota Statutes 152.025.

Simply altering a prescription and having it with you is unlikely to considered a substantial step in the procurment of the contraband, and, if charged with a fifth degree felony, you would have strong defense. See State v. Swenson.

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Subject Forgery

Date Mon Feb 18 2008 09:51

Author James

Here is my situation. Wife and I filed for tax return as jointly. When we received the check back, we need to deposit the check to pay credit card debt due to the high % interested rate. Wife verbally told me to sign the check in both name (we've done this in the past and vice versa); every now and then when we got into an argument, she threaten to sue me for forgery. How serious is this ? if she decided to sue me, do I need an attorney ? I've prove to show that the money used to paid for our credit card debt. Thank you in advance

James

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     Subject forgery

Date Thu Sep 1 2011 10:14

Author jeff (jefftref@gmail.com)

Can wife forge signature on loans without my knowledge?

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     Subject Not Likely a Problem

Date Mon Feb 18 2008 13:56

Author Maury D. Beaulier

It is extremely unlikely that the conduct you describe would ever result in a ciminal charge. Instead, it would be considered a civil matter. I cannot imagine that a civil lawsuit would make any sense because of the facts related an d the amount in controversy.

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Subject Mn/Wi dui reciprocity?

Date Wed Feb 20 2008 22:39

Author Bill (Williambrown55803@yahoo.com)

How does Mn count dui's from other states?
Example:
1st in 1999 MN,
2nd in 2001 dui in WI [gross mis],
3rd in 2003 dui in WI,[gross mis due to DAR],
Dec 14, 2007 was pulled over in Duluth with valid MN B-card , booked and verbally charged with BAC of .178,released after 8 hours without bond or any paperwork. Told I would receive charge or ticket via US mail shortly with date for 1st court appearance, but nothing has arrived so far, as of 2-20-08. Checked 2-10-08 and no bench warrant issued, so wasn't lost in mail.
The arresting officer [whom I have personally known for 8+ years] said I was lucky it wasn't going to be a felony charge?.....
Will this be a felony charge of 4th offense in 10 years, or don't they count priors from WI?
What is statute of limitations for bringing charges for this, ie: will I get a court summons 3 days before next X-mas?


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     Subject Felony DWI

Date Thu Feb 21 2008 07:48

Author Maury D. Beaulier

Any DWI or Implied Consent violation from another state that occurs under a statute that conforms with Minnesota is considered an enhancing offense. Courts have ruled that Wisconsin statutes are conforming. In other words, if the 2007 offense was a DWI, it would be four within 10 years and could be charged as a felony.

Often, charges take time to be filed. In some instances, I have seen them take a year. However, that is unusual. The statute of limitation s depends on the level of the offense, but even the lowest offense is a term of years.

For a Consultation call 612.240.8005.

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         Subject When to call

Date Sat Feb 23 2008 22:22

Author Bill (Williambrown55803@yahoo.com)

Should I call you for a consultation now or wait until I get the ticket/arraignment court date in the mail? I don't have any paperwork [after three months] other than the BAC result sheet and temp 7 day drivers license form, so I am unsure of what charges they are/will charge me with.

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             Subject Consult Now

Date Tue Feb 26 2008 07:55

Author Maury D. Beaulier

If it is likely to be a felony, you should call now since you can potentially be picked up on a warrant for a felony.

(612) 240-8005

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Subject inmicipal

Date Fri Feb 22 2008 01:52

Author denn (newart28@yahoo.com)

I have 3 dwi's, got the b-card, got my DL yanked while on foot.I brought it to court, and was shot down, I am looking to do thier "adminustrative review"...how do i request that?just call them, or is there a form online i can print and mail to them?...........a little about me,and what I'm going to tell them, I run my own buisness, that REQUIRES me to get around minneapolis, st paul and the suburbs.so this penalty is literally killing my buisness! also while checking my criminal record, I only have 2 dwi's.my 1st one was plea bargained to a lesser charge, and is not on there, but the revocation does exist on my driving record, the offence in question happened just over 10 years ago.do you think these are points that may get the DMV on my side?

and that contact is a crock! I know a little about contact law....do you know if there was ever a case of someone trying to sue for thier drivers liscense privlages? and do you have any knolage of anyone using "undue influence" in court against them?

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     Subject MOVE IN PROGRESS..

Date Fri Dec 18 2009 05:56

Author DENN (newart32@yahoo.com)

in thinking religouisly, for the state of minnesota taking away my "privilages" on a whim, for 6 years, at the ripe young age of 35 I have decided to leave the state, I am a licensed driver again in MN, but not willing to let my buisness lose 10K+ a year over here.so now, I am a resident of iowa, or wisconsin, though my reaserch, these states will laught at the B card, considering this state is the only state that suckers it's residents into a life time contract, so is it clear, the second I obtain another states DL, the slavery tactics of the state of minnesota no longer apply to me? unless i am dumb enough to get another dwi?

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     Subject B-Card license violates freedom religion

Date Sun Mar 23 2008 22:41

Author John J. Ricci (oluminum@peoplepc.com)

dear denn. I too have a B-card license MN. only. I had DWI's in 1979, 1980 and 1982, two under the age of 18 and the third and only other one month after my 19th birthday. My mother hired an attorney to get me out of jail and he also had one of my 3 dwi's reduced to careless driving. I've suffered with this B-card personal condemnation by the State of MN. since before I became the now legal age to drink. I finally moved to California in 1988, and thank God they have no such laws. I returned to Mn. to reside again in 2005. I now have a restricted B-card license again. I a'm currently working to have this statute(171.09) thrown out of MN. laws forever. I have contacted my Senator and Representative in my district. My Senator replied that the law is absurd. But so far they have been unable to have the lifetime restriction even amended to 7 years. I'm a recovering alcoholic and know several people in Duluth MN. with the same problem. I a'm also catholic, and the law states that if I drink wine at mass, that is a most holy religious practice, my license is invalid. This law has to be thrown out for not only my sanity, but for nonalcoholics, young stupid teenagers and for any one who uses alcohol for any religious ceremonies. What teenager or young adult would not sign for a drivers license without knowing what he or she is doing, like I did? Or what gives the State the right to violate not only freedom of religion but life liberty and the pursuit of happiness? This is a communist law! I personally a'm doing what I can. I may start a website for petitions soon. I know a I think is Jewish attorney in Beverly Hills Calif. who took a case for me on consignment around 1994-95. I hope to ask him about this Monday. Also thursday night I and you can send e-mails to legislators on
channel 8 WDSE in Duluth, that will hopefully open this for dialogue. Trust God,this statute 171.09 has no place in U.S. of America. Sinc. John J. Ricci oluminum@peoplepc.com

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         Subject B-card petition

Date Tue Feb 2 2010 20:02

Author Thomas Tadlock (hottomale55@yahoo.com)

Let me know if you get the petition going. You have my support.I was denied entry to a bar to see a band with some friends recently. A new twist on this law? My attorney said the B-card is similar to the Jews being tatooed in Nazi Germany. No other type of person who commits even a serious felony is labeled in this way.

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         Subject B-Card

Date

Author Bill (louie7693@yahoo.com)

I also have a b-card on when i receaved it i was told by the state of minnesota that i would only have this for 5 years guess what i still have it 12yrs later. I'm starting to find out don't ever belive what the courts or the state have to say because it never happens.

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             Subject B card

Date Mon May 30 2011 21:15

Author holly (hollydoesrite@msn.com)

Who do I contact if I know someone with a Bcard and is still drinking?

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         Subject Your due process flaw

Date Wed Apr 9 2008 09:29

Author jerald roberts (icpmusictester@aol.com)

The due process clause you attempted to quote was incorrect, it is life, liberty, and property. Also, i know what you sign. always read before signing anything.
Jerry

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     Subject Question Unclear

Date Fri Feb 22 2008 10:10

Author Maury D. Beaulier

I am no sure that I follow. If you sought a Judicial review and did not prevail, an administrative review would serve no purpose since the court has already ruled on the issue.

There is no latitude on the issue. Whether you run a business and need transportation, has no impact on the outcome. The only issue is whether or not a violation occurred and can be proven.

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         Subject question

Date Fri Feb 22 2008 18:27

Author denn (newart28@yahoo.com)

all I really need at this point is how can I file an administrative review with the dmv reguarding a cancellation like this?

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             Subject Administrative Review

Date Fri Feb 22 2008 20:03

Author Maury D. Beaulier

The instructions were included on the back of your revocation notice. You essentially send in a letter asking for administrative review. Arguments about hardship will not change the outcome. If you have already had a judicial review before a court, the matter is already resolved.

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Subject licensec plate impoundment

Date Wed Mar 5 2008 15:40

Author me (boogizmo75@yahoo.com)

I was sentenced for a misdemeanor dwi. It was pled down from a 3rd degree to a 4th degree. This is my 1st dwi, 1st time getting in trouble at all. The reason it was originally a 3rd degree was my bac was above 0.2. I received a license plate impoundment letter from the DPS. Would a judicial or administrative review do any good for getting the license plates back since this is my first time getting in trouble ever? Also, this probably doesn't matter, but, I only weigh about 110, therefore just a couple of beers would put me way over the limit.

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     Subject Must File Judicial Review

Date Wed Mar 5 2008 21:16

Author Maury D. Beaulier

You would have to seek a judicial review within sixty days of the license revocation and win the case on its merits in order to avoid the plate impoundment. The Attorney General will not negotiate on such matters.

For a consultation call 612.240.8005

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Subject b card

Date Thu Mar 6 2008 14:05

Author mike jones (jones8374@hotmail.com)

If you move out of Minnesota does the b card follow you and if you move back into minnesota after leaving will the b card still be in force? Also i read violating the b card is a misdameaner is that true and what is the penalty for not driving and violating?

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     Subject B Card

Date Thu Mar 6 2008 20:59

Author Maury D. Beaulier

The B card is still in force in Minnesota wherever you may move. If you seek a license in another state, their licensing laws will apply. They may have similar laws (or in some cases more severe).

A violation of a B card is a misdemeanor, punishable by up to 90 days in jail and a 41000 fine. However, the more significant conseuence is the civil license revocation which, depending on the number of DWI's, could result in a license cancellation for a term of years and significant conditions for reinstatement.

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         Subject B Card Law

Date Wed Jul 16 2008 23:09

Author Joe Parkhurst (Joe.Parkhurst@gmail.com)

The B Card law in the state of Minnesota and if applicable in other states is a flawed law, with flawed reasoning. The DUI law as it stands is a flawed law.

Take for example a gun owner. Using the thought process behind the DUI law, anyone owning a gun should automatically be charged with assault in the 1st degree. Although the assault never actually occurred, the prospect of an assault, and probability of an assault occurring with that gun are so high, that an assault charge should be automatic.

We can apply this thought process to just about any law out there. The DUI law needs to be re-evaluated, and tiered. My thought would be an accident involving alochol would be an automatic felony. But a routine stop by an officer, where the suspect is over the legal limit say blowing a .12, that charge would never be more than a misdemeanor.

It is proven that .12 is not beyond drunk, but anyone over .12 the tiering starts.

Furthermore, the B-Card should reflect a person who is caught drinking and driving. If a person wants to have a glass of wine in honor of their God, then what right does any state have to infringe on that right?

If the person has a glass of wine in honor of his God, and then get's pulled over driving, then I believe the state has every right to intervene and start due process. But to say out right, NO DRINKING EVER, even if you are in the woods 100 miles from a vehicle. That is as absurd as charging a gun owner with assault for buying his or her rifle or handgun.

Can you grasp this concept?

The punishment should fit the crime PERIOD.

If you are issued a B-Card, then the B-Card should reflect "If the carrier of the B-Card is ever caught driving impaired, the fines and penalties double." That fits, and it is fair. Key point in that quoted sentence is "DRIVING IMPAIRED".

People are simply DUMB.

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             Subject Big Brother All Over The Place

Date Tue Sep 23 2008 00:06

Author Douglas Rust (Drust7@comcast.net)

I see your point ... but this is just the start. You know people work better in numbers? If I must open a web site so be it..although I believe one may exist on this subject. First of all when did "man" change as far as consuption goes? It seems to me that the ones making all the laws nowadays were the ones driving around with a .015 BAC limit. Now how did they drive so well?? Then what did it drop to?? .012 then to .010 then to .008? If alcohol is such a problem why do they allow it to be sold? We can be told that man went to the moon...have a space station..but can't figure out how to stop DWI? What really ticks me off is the latest and greatest with the Intoxilizer 5000 and the calibration error(s). Hmmm?? I had two .011 convictions AND I served my time, payed my fine, and did the requirements to get my license back. Now they come in with a new law 8/1/02 and I get a .011 on 10/26/02 and then they go back in time to make the three in ten?? Excuse me but I would have made some serious decisions after I got the first DWI in "South Dakota"!! on 11/15/1992 had I know it was leading to a B CARD!! Let alone the second DWI in 1994 at .014 (remember our fathers could drive ok @ .015..but not me)then the bad boy gets another .011 in 1997 "drunken slob" just don't learn. Now he can pay for it the rest of his life. Never hurt a soul and the STATE labels an alcoholic "forever an alcoholic" but they can just stop for a lifetime cuz the STATE says they have to so they can drive?? Now don't get me wrong. I do not support messed up people cruisin around while my kids and family are out and about like everyone else...although I have seen many "dumb" accidents from the hair combers, cell phoners, lipstick, shaving, whatnots out there ...but they are safe attentive drivers ...right? You know its not so much the driver as it is the "vessel" that is the killer in an accident.So where exactly does a person that is between .008 and .015 fit into the equation?? Trying so hard to drive their vessel home because they know they are over the limit?? They are in the twilight zone!! Take a cab, call a friend, better yet don't put yourself in that postion. But back to the point of penalties. I think when a new law is enforced it should start at that point and onward. None of this rehashing crap. Wonder how many "big shots" would have their life ruined if this was the case for "ALL" laws?? Secondly, you can't judge all people the same. A person trying to get home with a .011 .012.013 BAC is not the crazy pissed off person(whatever) with a .022 0r .024 BAC who doesn't care about anything and just wants to get more buzzed reguardless of any laws.This B Card law is the goverment TELLING us that PEOPLE DON"T CHANGE...so if People DON"T Change sooner or later everyone will own a B-card as long as alcohol is sold..period.Reporting a domestic because I was trying to avoid someone getting hurt in TURN HURT ME and my family. Yeah give me the it was your choice "Brother"!! See..... as long as you people out there want to have your lives controlled by the goverment which I remind you is supposed to be "we the people" then we need to stand up and fight for our rights and get the laws in line with WHAT IS FAIR PUNISHMENT FOR MISTAKES THAT WE HUMANS MAKE....feedback will be evaluated

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                 Subject dwi laws

Date Mon Jan 12 2009 16:30

Author Rick Schmidt (rgsbuildersinc1@yahoo.com)

I can totally understand your frustrations, I have 3 dwi's and i am screwed because of this law. i got my 3rd in 2001, then 2 years ago i got pulled over after leaving a friends. i had 2 beers wich i know everyone says that. i took all there test and passed them. but come to find out when the officer came back to the truck that i was going to jail for driving because i had a b-card. what the hell! i didnt even know i had a b-card. until he showed me the back of my liscense. then i was told that i had to have signed for the b-card wich i do not ever remember doing. So now i loose my liscense for another 3 years in wich i wasnt even drunk and was being responsable. what they dont understand is that it really messes up a persons life. now i cant drive or get a work permit. how do they expect us to get to work, pay are bills? live a decent life when they keep this hanging over are head. yes i screwed up and did everything they wanted me to do. I dont know what to do i need to work. i need to get around. is there anyway you can get your liscense back sooner if you didnt even know you had a b-card. they really need to look back at theses laws. yes i was young and dumb. but guess what people grow up and do learn there lesson. driving after only having 2 beers should result in losing your liscense for another 3 years. if anyone can help me with what i can do let me know please. I a responsable home owner with 2 children to take care of, a mortgage, bills, should have to suffer ike this because of this screwed up law. there is drug dealer out there, rapers, murders, and more that get away with more than a guy that has 2 beers and drives. this is not right!!!! HELP!

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             Subject Not Sure Where You Got Facts

Date Thu Sep 11 2008 08:45

Author Maury D. Beaulier

It is proven that .12 is not beyond drunk . .

I am not sure where you believe that has been proven, but it is incorrect.

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         Subject B card

Date Tue Mar 11 2008 14:46

Author Wifey (linda189380@yahoo.com)

My husband has a b card too. How many years to get that off of there, 20? His has been almost 15 yrs and part of that time he was in prison. Is there any other way to change that?

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         Subject ty

Date Fri Mar 7 2008 10:55

Author mike jones (jones8374@hotmail.com)

thanks for the info. I think you and some of your lawyer friends should all work together in getting this law changed i was 22 when i got my 3rd dui (i was dumb) and not being able to drink for the rest of my life seems a little severe i could understand 10 years or something but to say i cant have a beer in 20 years because of mistakes i made over a 2 year period when i was 20 is rediculous

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Subject plate impoundment

Date Mon Mar 10 2008 13:01

Author me (boogizmo75@yahoo.com)

I pled guilty to a misdemeanor dwi. My plates were administratively impounded (bac over .20) - 1st offense. I am the co-owner of the vehicle. If he takes my name off of the title, would he still have to have special plates?

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     Subject Judicial Review

Date Mon Mar 10 2008 16:12

Author Maury D. Beaulier

The criminal proceeding does not affect the plate impouindment. In order to challenge a license revocation and/or a plate impoundment on civil matter, a separate action for judicial review must be filed within sixty (60) days of the revocation and plate impoundment notice.

Once a plate impoundment notice has been served, title to a vehcile may not be change and the vehicle may not be sold without the consent of The Commissioner of Public Safety.

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         Subject how to get consent

Date Mon Mar 10 2008 16:25

Author me (boogizmo75@yahoo.com)

How does one contact the Commissioner to get consent? What would the chances be that he/she would grant it? My son will be getting his permit this summer, and I don't want him to have to drive with whiskey plates on the vehicle. Actually, I don't know if he would be able to.

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             Subject Letter

Date Mon Mar 10 2008 23:33

Author Maury D. Beaulier

Chances are not good. However, all that it requires is a letter to the Department of Public Safetty.

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Subject Police Report and Driving Record

Date Tue Mar 11 2008 17:12

Author John

I need a copy of the police report from my offense as well as my driving record for an alcohol use assessment. What is the best way to obtain these? Should I call, go in person, or try to do it online?

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     Subject Another question

Date Tue Mar 11 2008 20:43

Author John

Ok, sounds like I can get the report in person. Can I also get the driving record in person? I found a request form online at the DMV website, which requires mailing a request, then they will mail the record. I just don't know if I will be able to receive the record in time through mail. Do you know if I could go to the records office and obtain it there, in person?

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     Subject Court Administrator

Date Tue Mar 11 2008 19:28

Author Maury D. Beaulier

I am not aware of any way that it can be done online. You may acquire the complaint from the Court Administrator's Office or the prosecutor. I assume this is a private chemical dependency evaluation since one conducted by probation would be able to access the court records.

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     Subject Appear

Date Tue Mar 11 2008 19:00

Author Nick

You may obtain your driving record from the DMV website which I believe you have to pay for. As for the offense report, typically you need to go to the court you are being prosecuted by to obtain the report or to the law enforcement agency that cited you. If you plead not guilty and decide to represent yourself, you will be provided a copy of the police report by the prosecutor.

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         Subject Thanks

Date Tue Mar 11 2008 19:32

Author Maury D. Beaulier

Good answer Nick.

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Subject Confession/Admission: Civil vs. Criminal

Date Tue Mar 11 2008 19:04

Author Confused

Hello

I am being faced with a problem. Approximately a year and a half ago, I entered a liquor store underage and purchased liquor for my friends (stupid, I know). I wasn't carded or asked about my age. One of my friends got into a severe car accident after dinking the alcohol I got for him. His family is suing that particular liquor store. There was a videotape of me in the store buying the alcohol, but my friend's family's attorney told me that their liability insurer (Travelers Insurance) "lost" the video (i.e. destroyed it). I somehow was never cited for purchasing the alcohol, mostly because then the liquor store would have been fined, again according to their attorney. Now my problem is this: Their attorney wants ME to sign a statement for evidence saying that I had walked into the store, bought booze, then gave it to my friends, one of whom nearly died. I am leary of this, obviously. Mr. Attorney tells me that there is a slim chance that I will be prosecuted. The way the statement is worded says that "I am providing this letter of testimony with the understanding that it will only be used in a civil proceeding." which means to me that they can only use it in the lawsuit and not the criminal case. There is no videotape of me being in there...so if I WAS prosecuted what evidence besides this cleverly worded statement would there be? I really feel that I should sign it. What chance is there of me being prosecuted? Thank you.

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     Subject Do not sign

Date Tue Mar 11 2008 19:33

Author Maury D. Beaulier

Sign nothing. You have no obligation to do so and doing so could result in criminal charges. You would also be wise not to speak with anyone about the matter ncluding the police or the attorney for the person injured. You could expose yourself to civil liability as well and there is NO OBLIGATION to do so.

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         Subject What if..

Date Tue Mar 11 2008 19:26

Author Confused

Thank you. Hearing this from a neutral party clears things up. But what if they subpeona me? Can they do that in this situation? And I dont understand the videotape thing...can their insurer legally destroy it? If they did then I'm out of the woods...

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             Subject Plead the Fifth

Date Tue Mar 11 2008 21:03

Author Maury D. Beaulier

They can subpoena you. You can also plead the fifth since a statement about purchasing the liquor could lead to a criminal prosecution.

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                 Subject Update

Date Thu Mar 13 2008 14:25

Author Confused

Alright. So that would be like invoking my right to be free from self-incrimnation right?

Mr. Attorney called today and spoke with my father. He said that the reason I was not cited is because the municpal police force in the town this incident occurred in did not want to "shoot themselves in the foot" because then their municipal owned liquor store would also have to be cited and fined heavily, and possibly lose their license. Is that true as well? I'm definitely not going to sign anything...I just want to know whether this is the case or not so I can worry less about getting in trouble.

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                     Subject No Way to Know

Date Thu Mar 13 2008 22:50

Author Maury D. Beaulier

There is no way for me to know why you were not cited. The fact remains that you can always be charged after the fact.

There is also no way for "Mr. Attorney" to know why you were not charged. As a result, he/she is attempting to manipulate you to the benefit of his/her client. That is the attorney's job. However, he/she does not represent you and is certainly NOT looking out for your interests.

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Subject DUI

Date Sun Mar 16 2008 19:10

Author tom Snell (tom@metronorthchamber.org)

Enter your message here.
Reciently, I was pulled over in a random search at approximately 11:30 p.m. The police asked me get out of the car and I refused because I was recovering from back surgery. They tested me for drinking and the results were negative.

Next, they asked me if I had taken any drugs and I responded no. At that time I had a severe cold and was taking benidril (spelling) They found an open bottle of hay feaver/ cold madicine in my car seat. They took down all the information ect. claimd I was driving impaired and said I should expect to be issued a DUI. I had a total of two hay feaver tablets over a one hour period, no liquor. Can the Police actually issue a DUI for taking cold medication?

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     Subject Not Likely DWI

Date Mon Mar 17 2008 07:58

Author Maury D. Beaulier

A random search would be unconstitutional. To conduct a search requires a warrant or probable cause that a crime has been commited and some exigent circumstances.

A DWI cannot be issues without a basis to do so under law. That would mean driving under the influence of alcohol or drugs or testing with a prohibited drug in your system. If you had non-prescription medication, it would be very unlikely to be a drug prohibited by law.

For a consultation call 612.240.8005.

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Subject DWI

Date Mon Mar 17 2008 13:00

Author JOhn

I recently got a DWI at .17. I had a DWI 24 yrs agom, will this show up and will it impact my sentence?YThanks

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     Subject 4th Degree DWI

Date Mon Mar 17 2008 16:12

Author Maury D. Beaulier

The prior DWi is likely to show up, but since it is oustide of ten years, it will not enhance the charge or the sentence. You were likely charged with a fourth degree offense. This is a misdemeanor and carries with it maximum criminal penalties of 90 days in jail and a $1000 fine. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. On a first offense, you may be revoked for up to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

· Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;
· Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;
· Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;
· Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 612.240.8005.



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         Subject follow up

Date Wed Mar 19 2008 12:25

Author John

I am being told that I cannot get a work permit due to these earlier DWI's.(25 yrs ago) How come if they cannot enhance my sentence they can be used against me in the driving privileges side of it?

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             Subject Separate Cases

Date Tue Mar 25 2008 14:40

Author Maury D. Beaulier

The criminal case and the civil case (license revocation)are entirely separate proceedings and play be a separate set of rules. As a result, you should always contest both with equal aggressiveness.

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Subject Police report

Date Tue Mar 18 2008 11:57

Author Sue

MN. a friend of mine wanted me to ask this question, there is a court hearing coming this person has Atty., but is sick now.
They got pulled over for expired tabs, but the yellow sticker was placed in the window because they had just bought that car that day.

Police officer requested that person take two urine test (was done passed)and took him to jail, refused him phone calls, started to book him in when his relative said if you are not going to charge him with something they could not book him in. So they let him go.

They feel the cops were just trying to get them on something, harassing them.

Police officer is refusing to give them a copy of the incident report; do they have to give them a copy? Isn’t that public records? Is there a MN. Statute for this?

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     Subject Stop and Seizure Issues

Date Tue Mar 18 2008 16:05

Author Maury D. Beaulier

If the matter is considered under invstigation, which is likely, you cannot acquire any records. If the matter is no longer under investigation, you may seek any incident reports as a public record.

Your post seems to have many questionable issues going on including whther the stop was valid, whether there was probable cause to arrest or whether or not the seizure of the urine for testing was supported by a sufficient probable cause and whether consemt to that testing was provided.

On its face it appears as if the officer believed that the dirver was under the influence of something other than alcohol.

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         Subject Taps

Date Wed Mar 19 2008 09:48

Author Sue

All I know is that he was stopped because because the car did not have current tabs on it. But the yellow sticker in the showed when the car was bought.
Gave two urine samples. My question now would be how long does it take to get the results back? Police told them they would not be back until August. This does not sound right to me.
I thought test shows things right away. I myself have never been in trouble with the law but it does not sound right to me.
Now I find out that he was never given any tickets, so a incident report should be available.
Something is fishy here.

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             Subject No Report - Not Unusual

Date Wed Mar 19 2008 10:20

Author Maury D. Beaulier

No incident report would be available since the matter would be considered under continuing investigation. Urine tests often take a month or two to get back.

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             Subject Tabs

Date Wed Mar 19 2008 10:03

Author Sue

Another question, does the officer have to have a written sign constent to search?

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                 Subject Consent to Search

Date Wed Mar 19 2008 10:21

Author Maury D. Beaulier

Any consent to a search would allow the officer to searce. It need not be written.

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Subject Juvenile Record and Gun Permit

Date Tue Mar 18 2008 13:39

Author Anthony (ricanth92_08@yahoo.com)

I have a relative that has a juvenile record for a felony and he is 18. He is subject to extended juvenile jurisdiction until he is 21 (I think 21, but at least until he 19 yrs old). Once that period of time is over and he is over 21, can he get a permit to get a gun even if he had a this type of juvenile felony record?

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     Subject Felony and Firearm

Date Tue Mar 18 2008 16:08

Author Maury D. Beaulier

If the person was convicted as a felon and sentenced to Extended juvenile Jurisdiction (EJJ) they would be precluded from possessing a firearm even after the age of 21 and until the state reinstates civil rights based on the particular offense charged.

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Subject Sexual Role Playing

Date Tue Mar 18 2008 14:52

Author Stephen (stephenjw@live.com)

My girlfriend and I like to engage in some sexual role playing (daddy/daughter) where she's a little girl (12ish). Usually it's in the privacy of our home, but sometimes it's online chatting. Also, sometimes she likes to introduce the names of *real* girls around that age, which bothers me a bit. (An adult playing young is one thing, talking about actual young ones another.) She also enjoys looking at non-nude sites of models around 12 years old. Despite any moral issues, is this illegal in any way? I tried searching the statutes myself, and couldn't find anything that applies. (And as a footnote, yes something almost certainly happened to her around that age, which is another issue I am dealing with.) Thanks for any help you can give with this. You are providing a wonderful service out of what must be a very busy day.

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     Subject Role Playing

Date Tue Mar 18 2008 16:10

Author Maury D. Beaulier

You are playing a dangerous game.

Engaging in such behavior online is dangerous. Any attempt to entice a minor who you believe to be under the age of 16 could result in criminal charges. Law enforcement often pose on chat boards in such roles.

Using real names of individuals could certainly be used as evidence if criminal charges were ever filed in a case involving criminal sexual conduct.

Looking at under age teens or children that are clothed is not illegal if they are not posed in sexual acts.

Again, this is a dangerous game and, although I am not a psychologist, I would suggest that your girlfriend may wish to seek therapy for behavior that strains limits of role playing and which may indicate a fare more sinister issue.

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         Subject Role Playing

Date Tue Mar 18 2008 19:28

Author Stephen

Thanks for the reply. Just to clarify, there are no minors involved at all, only references to/about them. So would two adults having fictional chat involving *mention*--not involvement--or someone under 16 be a problem? And trust me, this part is still an issue between her and me. And yes, there are some things there she refuses to admit, I am sure.

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             Subject Not a Good Idea

Date Tue Mar 18 2008 21:37

Author Maury D. Beaulier

It is not illegal, but it is not a good idea.

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Subject Gross Misdemeanor-

Date Wed Mar 19 2008 16:03

Author Mary (mjpersons@gmail.com)

How long does a gross misdemeanor stay on a person's public record?
Here is a brief description of the situation: My 27-yr old son went through a very tumultous break-up last year, with whom he share's a young son. They had lived together for 5 years when she met someone else and kicked him out overnight, literally. He used her debit card to withdraw $150. from her account, which he paid her back (in cash) 4 days later. She filed a financial card transaction theft against him which he was convicted of (gross misdemeanor). In addition, she filed a restraining order against him, which he did violate by attempting to call her. He was convicted of that also. (this occurred just a few weeks after the break-up and he was still reeling from the shock).
He honestly was never a threat to her, but she used this to protect the privacy of her life with her new boyfriend.)
Now he finds he cannot get an apartment (he's been going to college and has been living with a friend), due to these convictions. This will also hinder him finding employment, according to the manager of the apartment complex.
What, if, anything, can be done? He has to live somewhere; he needs a home that he can have his son visit him every other weekend at.
Do you have any suggestions? I am desperate for him. Thanks.

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     Subject Few Options

Date Thu Mar 20 2008 09:43

Author Maury D. Beaulier

The offense remains on a person's record indefinitely. An agressive defense att he time the person is charged is necessary to avoid such convictions. After the fact, there is little that can be done.

A statutory expungement would not apply since there was a conviction. Although a judicial expungement is possible, that would ony expunge court records and not the administrative records maintained by the Bureau of Criminal Apprehension (BCA) where most background checks are performed.

Even if he could seek a judicial expungement, it is very unlikely that a Judge would expunge a violation of a restraining order which is consideered a serious offense and which can be used to enhance a subsequent offense.

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         Subject Gross Misdemeanor

Date Tue Mar 25 2008 09:26

Author mary (mjpersons@hotmail.com)

His future is basically ruined, then? Even though he is now in college and getting excellent grades, what is the point? He cannot get a decent job nor live in a decent apartment.
At the time, he had a public defender and not much representation; he did not have the money to hire a private lawyer, nor did I.
It does seem unfair that no one would take into consideration the circumstances of the situation, which would've made more sense of the charges. But, he was one of many in court that day, and it seemed pretty routine to the judge.
Ironic that the event that precipitated this whole mess was not even taken into consideration: that being the night she disappeared for two days, leaving my son with her then 8-year old son and their 15-month old baby while she was with her new boyfriend doing meth. Even her own mother filed a missing persons report on her.
So much for the judicial system.

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             Subject Hiring Counsel Can Be Critical

Date Tue Mar 25 2008 14:37

Author Maury D. Beaulier

That is precisely why hiring an attorney at the time of the charge is critical. There is very little that can be done after the fact in most cases. A Court cannot "take into consideration the circumstances" unless the matter is taken to trial and that is always an option each individual has when charged.

I am truly sorry to hear of yoru troubles.


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                 Subject Gross misdemeanor

Date Tue Mar 25 2008 21:10

Author mary (mjpersons@hotmail.com)

Thank you. He wanted to go to trial, but wanted it to just come to an end; it had been dragging on since last summer and he felt with going to school he wouldn't have the time to keep fighting it. We were not aware how serious a gross misdemeanor charge would be. Too late.
I appreciate your time. Thank you.

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Subject Leaving Scene

Date Tue Mar 25 2008 16:28

Author Max T (tiacd_maz@msn.com)

If I am convicted of a ticket for hit and run (minor property damage only) for leaving the scene of an accident, can I lose my driver's license? I have never been ticketed for this before and I also had valid insurance at the time of the accident.

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     Subject Leaving the Scene

Date Wed Mar 26 2008 08:51

Author Maury D. Beaulier

Leaving the scene of an accident does not automatically result in a license revocation. However, you would be wise to fight the ticket. In most instances, the violation can be avoided through negotiation.

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Subject A QUESTION

Date Wed Mar 26 2008 14:13

Author GMAN (GMANIS4YOU@HOTMAIL.COM)

TO MAKE A LONG STORY SHORT, I HAD A MINNESOTA B-CARD FOR YEARS, MOVED TO ANOTHER STATE AND HAVE A VALID NON RESTRICTED LICENSE, SO A FEW MONTHS BACK I HAVE OCCASION TO HAVE CONTACT WITH OFFICERS, NO QUESTIONS ABOUT DRINKING OR ANY ARREST OR ANYTHING, OF COURSE THEY ASKED ME MY NAME WHICH I PROVIDED, A MONTH OR SO LATER I GET A LETTER THAT SAYS CANCELLED IPC, HOW CAN THEY CANCEL A LICENSE I DONT EVEN HAVE, HOW CAN THEY DO ANYTHING, I DONT UNDERSTAND, IM STILL LEGAL IN MY HOME STATE, AM I LEGAL TO DRIVE HERE? IM REALLY CONFUSED AND I CANT GET A STRAIGHT ANSWER FROM THE STATE OR ANY ATTY I TALK TO. THANKS, G

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     Subject Cancelled IPS

Date Wed Mar 26 2008 18:58

Author Maury D. Beaulier

Your driving privilege may be cancelled in Minnesota if any report of alcohol consumption is made, whether in another state or not. If the notice is from Minnesota, you are only precluded from driving in Minnesota if you have a valid license in another state.

You may seek a hearing buy filing a Petition for judicial review and challenging the Cancellation.

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Subject out of state driver - DWI

Date Mon Mar 31 2008 11:18

Author Jason (flexoservicetech@yahoo.com)

I was recently issued a DWI (4th degree tested at .12) while traveling in Washington County, MN. No prior alcohol convictions in any state. I reside in Milwaukee, WI but travel troughout the Twin Cities about a week a quarter.

Couple questions...
What are the "typical" sentences imposed for a first offense and how does the out of state residency play into it?
What is the probability of jail time on a first offense?
How does the DWI in MN affect my WI license?

Thanks in advance for you assistance!

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     Subject your DWI

Date Sun Nov 9 2008 20:58

Author blaze

if you have a WI driver's license while in the state of MN the following will probably happen. you will not be valid in MN 7 days after the day you were stopped. (6 months not valid in MN) (implied consent) once convicted (state of WI finds out) you will probably lose your license for 6 months in WI after convicted. here is where it could get tricky. say you get a lawyer and it takes a year to get the case done..you will be able to drive in MN 6 months after you got stopped but you will not be valid in WI since it will not get suspended until you actually plead guilty.. make sense? finces for 1st time DWI in Mn prob 300 plus fees and maybe probation.. i hope this helps.

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     Subject DWI in Minnesota

Date Mon Mar 31 2008 12:58

Author Maury D. Beaulier

Unlike Wisconsin, a first offense in Minnesota is a criminal offense. Moreover, you will also have the burden of having a license revocation for different time periods in each state and having to reinstate driving privileges in each state.

If you had a Blood Alcohol Content over .08 but under .20, and if you do not have a prior DWI within 10 years of the current offense, you were charged with a fourth degree offense. This is a misdemeanor and carries with it maximum criminal penalties of 90 days in jail and a $1000 fine. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process. Some Judges will require a couple days of jail time.

There is also a civil case that results in the revocation of your driver's license. On a first offense, you may be revoked for up to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. You will not qualify for any license for a period of 14 days after your temporary 7 day permit expires. At that poiunmt,you would have to pay a reinstaement fee and seek a limited license to drive to and from work.

The license revocation will be reported to Wisconsin if that is where your license was issued. You will be revoked in that state pursuant to Wisconsin State laws. the revocation period is likely to be longer than the revocation in Minnesota, but you would qualify for a limited license to drive to and from work right away in that state.

There are many challenges to a DWI which include:
· Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;
· Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;
· Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;
· Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 612.240.8005.


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         Subject one more

Date Mon Mar 31 2008 13:53

Author Jason (flexoservicetech@yahoo.com)

Thanks for the info...So if I cover a 12 state sales region I would have to apply for a occupational license / limited license in each state that I travel to?

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             Subject Only Place Revoked MN and WI

Date Mon Mar 31 2008 16:19

Author Maury D. Beaulier

The only places you will be revoked are Minnesota and Wisconsin.

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                 Subject however

Date Mon Mar 31 2008 23:56

Author Dave (Dave@isnothere.com)

Correct me if I'm wrong. If a state revokes your driving privileges, then it does not matter what other active/valid state license you have, you're REVOKED from driving in that state. However, if I pull you over and you have no valid license at all, (ie. Wisconsin revoked), then you have no valid license at all and can’t drive in any state, correct?
So, in this case. if he drives into North Dakota and all he has is a revoked Wisconsin DL, he's not valid in ND.

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                     Subject multi state

Date Tue Apr 1 2008 08:40

Author Jason (flexoservicetech@yahoo.com)

That's what I figured... but wasnt sure if I had a restricted or occupational if I would have to file/apply in each individule state that I travel to for work, but it sounds like just MN because they issued the DWI and WI as my primary residence license. Now if I am allowed to travel/drive to other states with that occupational will be another thing. Typically in WI they give you 60hours of driving per week but dont know about out of state to keep your job...and no it isnt a CDL, I cover a multi-state service territory

I definitely picked the wrong state to get tagged in!

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                     Subject Correct

Date Tue Apr 1 2008 08:37

Author Maury D. Beaulier

That is accurate.

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Subject B-Card

Date Sat Apr 5 2008 02:53

Author Tom (Thomas_792@Msn.com)

My question is this, If i have a CANCELED B-Card ( Cop Seen Me Take a Drink Off a Beer At a Party ). Can i move from this Communist State and get a valid Lic. in another state I have 3 dwi's 2 in 91' and 1 in 97'.

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     Subject Cancelled as IPS

Date Sat Apr 5 2008 10:45

Author Maury D. Beaulier

Chances are not good. If you have a cancelled license in one state, another state will generally not issue a license. In some states, your cannot acquire a license at all after 3 DWI's.

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Subject Obstructing Legal Process, Assaulted

Date Wed Apr 9 2008 23:10

Author Anonymous

Hello Maury
Last night I was called by a friend who was being stopped by a state trooper for driving with one headlight. He was heavily intoxicated. My friend asked me what he should do...I told him to 1) pop a breath mint, 2) spray his truck down with air freshener or whatever was available 3) do not admit to drinking 4) refuse all forms of field sobriety tests and do not say or do anything until you have legal counsel present. I am a third year law student with quite a bit of DWI experience as I was able to have my own DWI dismissed last year and won an implied consent hearing pro se (brag brag brag) anyway, he asked me to function as his legal counsel. He told the officer he would not say or do anything without legal counsel. I showed up about 10 minutes later. The officer explained that my friend "may be intoxicated" but he couldn't prove it, and that he was going to arrest him for suspicion of DWI. I told the SP he had no proof, which he admitted. After an extensive legal argument,he became angry and then forcibly removed my friend from his vehicle and demanded he perform the requested tests, including an ill-fated attempt at shoving the PBT in his mouth. I told my friend to refuse all of the tests and to shut up. He did. The officer then made my friend's buddy drive his vehicle and let him off with a lot of bitching. The officer then grabbed be by the shoulders, shook me and slammed me against my own vehicle, saying that I posed a threat to him and his investigation. I spent last night in jail for obstructing the peace process. This is all on the trooper's squad cam. My question is simply this...
The charges will be dismissed, no doubt...however, what kind of legal implications may this have that I am not aware of? I was functioning as legal counsel. My friend was almost deprived of his right to legal counsel, and I was assaulted and arrested for providing it to him. What are your thoughts?

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     Subject You Are Not Legal Counsel

Date Thu Apr 10 2008 13:07

Author Maury D. Beaulier

As you may know the officer must have probable cause to believe that a person was driving under the influence of alcohol to arrest them and seek further testing. Probable cause may be based on the officer's experience and the totality of the circumstances. The driver, of course, may refuse to take any field sobriety tests. That is entirely within his discretion and the tests cannot be forced.

Your friend, however, has no right to legal counsel until a custodial interrogation will occur. You are not a licensed attorney and you cannot serve as legal counsel. The officer has every right to deny you access to the scene or to speak with your friend. I would be carefully saying that you were acting as legal counsel since that would imply that you were practicing law without a license.

I am not so sure that the charges will be dismissed for obstruction of legal process. Since you are not a lawyer, you do not have a right to be on the scene or even heard. Under the statute, any person who:

  • obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense may be charged with obstruction ; or
  • anyone who obstructs, resists, or interferes with a peace officer while the officer is engaged in the
    performance of official duties may be charged with obstruction.


It appears that your conduct could fall into one or both categories. The question may be how much the prosecutor wishes to pursue it. Given the behavior of the officer, the prosecutor may not wish to push too hard.



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         Subject Be Careful

Date Thu Apr 10 2008 21:14

Author Maury D. Beaulier

After consulting with someone on the Board of Professional Responsibility, you may be charged with a misdemeanor for trying to serve as legal counsel since that is practicing law without a license. It can have an effect on bar admission if convicted. Be very careful with that.

Incidentally, refusing to take field sobriety tests is usually the right course. However, not always. It depends on whether the person's blood alcohol may be on the rise or may be decreasing. That, of course, is difficult to guage, Often the best choice is no field sobriety tests.

Spraying a deodorant in the car of popping a breath mint is not usually good advic. By doing so, it demonstrates furtive behavior that, coupled with driving conduct, may provide a basis for probable cause to arrest. Apparently, you had a very inexperienced officer. In most cases, the person would have been arrested for those behaviors and the officer would testify that, "in his experience" the conduct was designed to cover up indicia of intoxication and that intoxicated driver's often act in such a way to conceal intoxication. If it could be done without it being observed, it may be good advice. If not, it is usually to ticket to the station.

All in all, not too bad.

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             Subject Good Update

Date Sat Apr 19 2008 17:43

Author Anonymous

It sounds as though the charge against me will be dismissed. I was charged with obstructing the legal process. Thank god. The trooper has since been placed on administrative leave. I am unsure of his current status, although I do intend to see him prosecuted. A lesson learned...I don't think i'll be playing lawyer again anytime soon.

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             Subject Character and Fitness

Date Fri Apr 11 2008 22:58

Author Another Attorney

Additionally, the arrest will have to be disclosed on your character and fitness appplication for bar admission. (Regardless of the disposition). Alternatively, if you have filed your application early, you have a continuing duty to supplement that application with any arrests or interactions with the law. You very likely will face issues with the bar admission panel on this.


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                 Subject Thank You For Stopping

Date Sat Apr 12 2008 01:16

Author Maury D. Beaulier

Thank you for stopping by. Good luck in your practice. It is always nice to hear from a colleague.

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Subject dwi on 49cc scooter

Date Sat Apr 12 2008 12:48

Author Susan (mmshanks042000@yahoo.com)

Enter your message here.I just got my 4th DWI while driving a scooter..stopped because I didn't shut my turn signal off?? When I bought the scooter I was told I did not need a licience for anything 50cc or less...otherwise would not have bought it. They kept my little scooter and now facing a felony dwi...how can this be?? I was sober 8 months and doing well... had a little slip but back on track.

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     Subject mn.scooter laws

Date Tue Dec 30 2008 15:47

Author keith (keithjadams@yahoo.com)

Enter your message here.is it legal to drive a 49cc under 2.5 horsepower 33 mph scooter in minnesota without a drivers license

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     Subject ANY Motorized vehicle = DWI

Date Sun Apr 13 2008 10:59

Author Maury D. Beaulier

You do not need a license to drive a scooter. However, that does not mean you cannot get a DWI. A person can be given a DWI for driving ANY motorized vehicle, whether it requires a license or not. there havebeen cases in Minnesota where offenses have been filed for lawnmower and, believe it or not, a motorized wheelchair weaving through the center of a road.

That notwithstanding, it would seem that the stop is extremely suspect and subject to challenge. There appears little to support reasonable suspicion for the stop.

For a consultation call 612.240.8005.

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Subject DWI and source code?

Date Tue Apr 15 2008 13:38

Author Fred (Freddiemac@aol.com)

How is the source code defense currently working for ticketed DWI offenders?

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     Subject Unsettled

Date Tue Apr 15 2008 15:29

Author Maury D. Beaulier

Your question is far too broad and it would depend, to an extent, on the particular facts of the case. Presently, most (but not all) prosecutors present the defense counsel with a protective order and request $2,039 payable to CMI of Kentucky as its estimated cost to reproduce the source code.

The protective order has been challenged on several basis and, depending on the county and Judge, there are fdiffering results.

The fee has been challenged on a number of basis and, depending on the county and the Judge, may have differing results.

The Attorney General has initiated suit against CMI arguing that the source code is property of Minnesota based on its contract with CMI. This has been used in court bey defense attorneys to argue that the suit is admission that the source code truly belongs to the state and, therefore, they must provide it.

In short, it is still unsettled.

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Subject B card

Date Wed Apr 16 2008 10:11

Author Scott (bull2hot29@yahoo.com)

Dear Marty,
I would like you to forward my email to anyone who has a B card/Restricted license. Not to insult you but I feel that some of the information you provide your readers on the B card issue is often times misleading. For instance, on a number of occassions you have said that violation of a B card restriction has severe criminal consequences, true in part, only if you have been driving. A "B card" or "Restricted License" is not a law, but a "rule" established by the DPS. My real issue is not to argue the point with you, rather it is to get those with a "B card" to join me in abolishing this rule.

Thank you
Scott

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     Subject job security

Date Wed Apr 16 2008 17:49

Author Robert (Mkhellor@netzero.com)

Scott,
It's people like you that destory the system for everyone else. B cards are issued as a privildge for those individuals who were cancelled and denied for a third or subsequent impaired driving violation. Yes, not being stupid once, or twice but three times. Limited license and B card are there way of granting one driving privileges for work or whatever. to get one, the driver must signs a sworn statement to never
again consume any alcohol. ur right, DAC-IPS all.

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         Subject PS

Date Wed Apr 16 2008 20:19

Author Scott (bull2hot29@yahoo.com)

The one's who destroy the system, are people like law enforcement who, it's a proven fact based on studies have the highest concentration of alcohol addiction then any other group of people, yet have the fewest convictions of DWI's than any other group of people, and why is this? Because of the brotherhood among them. The "system" as you call it, is not fair to the average working class person.

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             Subject whining

Date Thu Apr 17 2008 05:17

Author A Cop (Johnson1234@yahoo.com)

Whining and crying.. I can tell you honestly, I will not have more than three drinks and get behind the wheel. It’s not an issue of hurting someone, it more an issue of getting caught and losing my career, my house, my life. Every cop I know is like that. Today’s world in law enforcement is like that. However, nobody asked you to drink. Nobody asked you to get drunk. Nobody asked you to get behind the wheel and drive. And nobody forced you to get a b-card. If you don’t like the rules, then don’t sign up to play the game. Please let the other people who are trying to sober up, the ones who are attempting to play by society’s rules and get their lives back. Let them do it and don’t ruin it by stupid nonsense whining. A lot of states don’t even allow you to get ur license back after 3 dwi’s. I think Minnesota should too. Oh, and Tuesday night, I let a guy walk home blowing a .15. And a month or so ago, I let a b-card man go (driving too) who was coming back from his daughter’s wedding and admitted to drinking. It’s our discretion as police officers on how to proceed with our day to day actions. And I can say I have chosen not to arrest more drunk drivers in one week than I’ve had dealt with intoxicated cops in five years. But I’ll tell you, if I catch someone violating the gift of a b-card, limited license or DAC-ips, I’ll take them out.

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                 Subject You are a sorry excuse for a cop

Date Thu Apr 17 2008 21:44

Author Scott (bull2hot29@yahoo.com)

You are a walking contraDICKsion (mispelled on purpose) First you say you let someone off with a B card and then in your next breath you say you'll take em out! You come on here and do nothing but insult and degrade people, you hide behind your badge and uniform, you brag because you made a 145 arrests last year and only one was dropped? To that I would say, your not doing your job as that averages out to....hold on let me get my HP12 calculator out.....roughly around 2 1/2 arrests per week, while the rest of your time your sitting behind a donut counter! You say you will not have more than 3 drinks and get behind the wheel, it's not a issue of hurting someone but an issue of getting caught you say! Your the exact reason why the system has flaws, it's obviously you don't care who you hurt just as long as you don't get caught! To come out here and insult someone like you do only proves my point, there are bad apples on every tree and you are a perfect example! I am not interferring with anyone who wishes to sober up nor am I ruining it for anyone who wishes to do so as you say with my whining and crying. I did not intend to come on this board and get into personal confrontations with someone, then again, I'm sure and the heck am not going to lay down like a puppy dog to someone who comes out here and insults me no matter who you are and if you wear a badge or not. Now, if you want to continue this further we can do that, but please contact me at my personal email and we can have further discusions on the matter, otherwise quit insulting and blowing smoke up the rear end of the public on this message board.

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                 Subject 3 drink rule...BS

Date Thu Apr 17 2008 09:23

Author Fred (Freddiemac@aol.com)

I got a DWI after 3 drinks. You might want to rethink that rule especially if they are mixed drinks! All depends who's pouring them, 3 could actually be 5-6 if they pour them strong.

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                     Subject yep

Date Thu Apr 17 2008 09:54

Author One cops opinion (Johnson1234@yahoo.com)

yep, know ur drinks, know ur limit. actually, in doing this for years, one major problem i have is there is no way to know if ur illegaly intoxicated or not. If a bar has a kareoke machine and an ATM machine, why not have a wall mount intoxilizer at the door. YOu can by a straw for $1, blow in and get ur level prior to leaving.....

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                         Subject Good Idea

Date Thu Apr 17 2008 19:48

Author Maury D. Beaulier

First, a cab ride, regardless of how much it costs, is always less expenseive than a DWI. It is a good habit to find a cab after a couple drinks.

Second, I always thought it would be wise to have a portable breath testing devise with a supply of straws in bars for those concerned about their alcohol level.

Third, they do sell portable devices that can be included on a key chain, although they are not all that accurate.

Finally, anyone can have their car outfitted with an alcohol interlock device that requires a blow before the car will start.

All seem viable options to a DWI, particularly after you have one or more.

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                         Subject vending breath test

Date Thu Apr 17 2008 10:39

Author Fred (Freddiemac@aol.com)

I was in a place in California that had a breath test vending machine like that. The problem was the younger kids were taking bets to see who could blow the highest BAC so it only added as entertainment in their binge drinking fun! Plus it would need to be constantly calibrated and the liability factors could come into play...well the bars breath test said I was only .06 so I thought I was good to go!!?

They now make a BAC plug in for i-pods for like 70 bucks that are "suppose" to be accurate +- .01 so it should give you a good sample of where you are.

I'm still waiting for the auto pilot to be installed in cars where you just type into your navigation system where you want to go and the rest is automated! No more DWI, speeding tickets, or auto accidents as you wouldnt be in control of the car. They have systems like that in warehouses already transporting freight, skids, etc by forklift completely automated no driver. I doubt it will make it to the hwy's for another 100 yrs!!

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         Subject Robert

Date Wed Apr 16 2008 19:51

Author Scott (bull2hot29@yahoo.com)

Robert,
I think you're being very ignorant with your statement without even knowing the facts. For instance, I have 2 DWI convictions, not three. Second, there are those out there that have over 3 DWI convictions that have no B card. Third, I have never been in an auto accident in my life (45yrs) I have never had a insurance claim filed against me nor on my behalf, yet for having a beer on my couch which someone reported I get my license canceled for 3 years!? I lose my job because of this. You obviously have your head somewhere where it can't see whats in front of it.

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             Subject It's only a job

Date Thu Apr 17 2008 05:41

Author One cops opinion (Johnson1234@yahoo.com)


Police officers need no idea about your situation, and really don't care. We’re glad you lost your job. Stupid people like you have to get a license to drive, and if you needed a license to breed, that should be taken away too. We don’t need a next generation of losers. We also don't have to know ur facts, or at least what you tell us is the truth. But I will tell you something. You get what u deserve. Being 45 years old and not being able to handle societal issues or controlling your alcoholic behavior should tell you that somewhere in life, you went wrong. We have been hired to do a job, and we will do it. To get mad at police officers for doing their jobs, is one of the most senseless waste of energy. But its people like you that keep me getting up each morning and put on my uniform. (Now, let see how long this post stays on the board)

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                 Subject I Hope Not

Date Thu Apr 17 2008 19:53

Author Maury D. Beaulier

"Police officers need no idea about your situation, and really don't care. We’re glad you lost your job." I certainly hope that is not the case for most. That would, indeed be sad. I know my brother was not of that mindset and he was a police officer. He was often kind enough to review my police reports and give me ideas for defense.

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                 Subject I'm not stupid

Date Thu Apr 17 2008 07:11

Author Susan (mmshanks042000@yahoo.com)

Enter your message here. First of all, I am a human being, and ALL human beings make mistakes. I am an RN and have worked in ER and ICU for 17 years. I am a recovering alcoholic. I am a wonderful person but I have a horrible disease. A disease that, I believe, few non-alcoholics understand, esp. the judicial system..including police officers. Please don't attack and judge others regarding this disease for which you know little about. I have had several DWI's and only by the Grace of God I did not hurt anyone else or myself. Alcoholism and mental illness (depression & anxiety) is on the rise in this country and the judicial system needs to look at new ways to help these people which also helps our society and keeping others safe on the streets, etc... by getting help for those people with dwi's... losing jobs, licience, locked up in jail... what does that do??? It does not help the person afflicted with this disease nor does it help society as a whole.
I have great respect for police officers and have worked with/know many through my career as an RN.... However, do not be ignorant or judge others when it comes to the disease of Alcoholism... I certainly was like this 5 yrs ago before I began drinking (left an abusive marriage and turned to alcohol)... When "drunks" came in the ER... I never wanted to take care of them and was full of judgements... I didn't understand the disease. Now I do whatever I can to help the still suffering alcoholic... it's a horrible way to live and it is a progressive and fatal disease that almost killed me. There are "open" AA meetings all over the metro... stop in sometime and check us out... we are great people but have an absolutely horrible disease.

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                     Subject Thank you

Date Thu Apr 17 2008 07:53

Author Scott (bull2hot29@yahoo.com)

Susan, thank you for sharing your story. It's refreshing to know that there are people out there that actually do get it! The world is a better place because of people like you, thank you for the care you show others both in and outside of your profession!

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                     Subject Rn

Date Thu Apr 17 2008 07:43

Author One cops opinion (Johnson1234@yahoo.com)

did anyone mention disease??? ANYWHERE??????????? Respect goes both ways, but did anyone mention disease? I'm all for understanding and compassion. I never judge anyone PERSONALLY. But when WE in society say you're a danger to us and we are just taking away ur privillage to drive, that's what we do. And, i'm sure you'll agree here. When we, with compassion and undersanding, say "hey, we will help you. we understand. Here's a license so u can go to work and AA meeting every day" and when that person takes that gift and violates it again, it's my job to take them off the street before they end up placing a family in your care. If you read the post before, this all started when someone whined and cryed about being allowed to partake in a program where, if he wants to, sign a letter not to drink and he will have full driving rights. And that person complained about it. SOme states will not give u a license at all in this case.

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                         Subject never say never

Date Thu Apr 17 2008 22:08

Author Susan (mmshanks042000@yahoo.com)

Enter your message here.Never say never...and I'm sorry but I fail to sense compassion or understanding... I sense ego and arrogance and I am not sure why you are feeling the need to be on this site to begin with. Respect DOES go both ways...and "yes" the word disease was mentioned...I mentioned the word disease. I will pray for you.

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                         Subject Stay Safe

Date Thu Apr 17 2008 19:57

Author Maury D. Beaulier

I certainly respect police officers. I also understand that they have difficult jobs to do. However, not all officers are so noble to actually have a legitimate basis to stop a vehicle or to testify truthfully about the facts of the case. I would never paint with a broad brush and, in any profession, including lawyers, there are good and bad, and I have encountered both.

Moreover, I find the law rather oppressive when a person who is in their vehicle withe the intent to "sleep it off" may get a DWI where there is no driving conduct on the premise that they may still operate the vehicle. In that regard, I believe the law goes well too far.

Thank you for participating on this board and stay safe in your job.

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                             Subject common sense

Date Thu Apr 17 2008 21:49

Author One cops opinion (Johnson1234@yahoo.com)

Troopers will arrest their mothers if they are drunk.... Outstate law enforcers are more kicked back (personal opinion). Have a went after someone who was just sleeping it off? yes. Once because i had an eyewitness call 911 stating this vehicle crossed over the center line and almost took her out head-on. I was right in the area and found the car within 3-4 minutes. driver was sleeping in the front seat (actually attempting to hide from me) and not only did he act like he was sleeping, he stated he was there for an hour or so (PBT .26). Sorry, he needed to go. The other one was a well know DAC-ips meth dealer and sitting behind the wheel keys in the ignition. There is so many bad people or those in need out there, i see no reason to make up stops or lie in court. I will say 90% of people only deal personaly with police officers with negitive context (arrest, dwi, domestic). i can see why people have negitive attitues.

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                                 Subject I Understand

Date Thu Apr 17 2008 22:16

Author Maury D. Beaulier

There is a difference between receiving a call of driving conduct and later finding a "slumper" slepping somewheere than simply going to a lot or a rest area and finding the same thing. I agree, that the person who was driving is a target when called in. I have also had a client who was at a gas stattion while the driver was in the store walk around the vehicle, sit in the driver's seat waiting with one leg out, hit the brake peddle and charged. I have had people parked in front of a house sleeping or in rest areas ticketed. Fortunately, there is some case law on what is called the "final destination rule" which indicates if the person is at their final destination it is a defense. It comes from a case where a husband argued with a wife went out, drove home, and decided that an argument would ensue if he went in and took shelter in his car. He was charged with a DWO and it was thrown out.

I feel you on the impression of officers. Lawyers only deal with people who have problems as well. Family law is, perhaps, the best analogy. Noyt everyone who feels they lost should have won, but the fall guy is the bad lawyer who they paid lots of money. It is a profession villified because a person who needs a lawyer is not usually in happy circumstances.

With regard to outstate lawyers, I find that they often make the worst stops and have strained reasons for seeking field sobriety tetst in the first place. That is just my impression.

Now, as a humorous note, I was involved in a case in Scott county where a trooper made a pretentious stop and had a weak basis for seeking FST's. I always try to introduce myself in advance and say hello. He had his nice high and tight hair cut and did his best to squeeze my hand on the hand dhakke, but after the case where I did a good job poking holes in inconsistencies, we left.

I was parked on the street across from him. He ran my plates and, after following me 6 blocks, stopped me. He ran my plates and my driver's license was 45 days expired. I never did get a notice. Anyway, he told me - "I just wanted you to know." I did not get a ticket, and reinstated an half hour later, but the whole episode struck me as funny.

I do wish you well and appreciate your position. Please remember to remain true to your calling.

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     Subject Email in Post

Date Wed Apr 16 2008 16:11

Author Maury D. Beaulier

Your email appears in your post and anyone who wishes to contact you will have that information.

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Subject B Card

Date Wed Apr 16 2008 10:34

Author Scott (bull2hot29@yahoo.com)

Forgive me for misspelling your name Maury!

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     Subject No Worries.

Date Wed Apr 16 2008 16:12

Author Maury D. Beaulier

No worries.

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Subject Ruffled Feathers

Date Thu Apr 17 2008 06:23

Author Scott (bull2hot29@yahoo.com)

Sounds like I ruffled a few feathers of some of our finest. Let me make one thing clear, I respect the uniform you put on everyday, I respect the badge you wear everyday and all the things that those two things represent, but that does not mean the person wearing it automatically gets respect. I have a family member who's been in law enforcement for over 30 yrs, I have a pretty good idea of police procedures, and have heard enough stories to at least form my own opinion on things. You can call me a loser, you can be happy I lost my job etc etc, I can handle those comments. But to sit there and say that you don't care about the facts or the situation just proves my point of the ignorance that is out there. The facts are what you use to base your dicisions on your day to day duties. I use facts to form an educated opinion about something. But then again, someone who would make such a statment about "the facts" is the same type of person who would lie on a witness stand to save thier rear end!

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     Subject yep

Date Thu Apr 17 2008 07:52

Author One cops opinion (Johnson1234@yahoo.com)

thanks. we don't care if u respect us, just respect the uniform, responsibility and such it represents. as far as "facts" go. I get lied to 10-20 times a day. Hell, last night i nailed a meth head who lied 5 times in 10 minutes. So, it's not that i'm taking the true meaning of the word "fact" as "true fact," I'm just saying because someone types letters on his keyboard, clicks post DOES NOT mean what he typed was FACT. I can tell you there three truthes to every story, his hers and the real truth. I will never lie under oath.... It's not worth my career,lose of sleep or disrespect of the system to lie. 145 arrests last year, i never lied and only had one case dropped. It's all about character, i can sleep at night (yes, I'm proud)

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         Subject It Goes Both Ways

Date Thu Apr 17 2008 20:01

Author Maury D. Beaulier

I agree and understand your post. By the same token, not every cop that types on a keyboard and presses print necessarily included accurate facts either. Perhaps some believe it is a neceessary evil to do their job. Perhaps some do not care. Certainly, it is not all, but they are out there.

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Subject Why I came to this board

Date Thu Apr 17 2008 10:25

Author Scott (bull2hot29@yahoo.com)

I originally came here to perhaps discuss with others who are in the same situation as I am the issue of the "B card". My intentions are not to fix "the system", not to beat "the system" but perhaps make "the system" a little bit better. I also did not come here to argue with or insult law enforcement. If I insulted any law enforcement official I sincerely apologize. I mispoke and believe some of my comments may have been taken out of context. Like I said, I'm here because I believe there are some administrative rules that are wrong, and I feel there are more effective ways to deal with the issues. But instead of getting any feedback on the B card issue I have gotten nothing but ripped and insulted by law enforcement, been called stupid, been told if I had a license to breed that it should be taken away as well, been told they were happy to see me lose my job etc etc. To the "cop with an opinion" I'll say this, I think by the nature of your posts and the way you use the CAPS on your key board you have some anger management issues, and in my opinion are more dangerous than the average joe who stops on his way home after work for a couple of beers. As far as the rules that you so emphatically enforce and uphold, you should try reading the rules of this bulletin board and uphold them as well. I'm glad you are so proud of what you do and that you can sleep at night, although I think there is a little touch of arrogance in your words as well. I'll tell you what I'm proud of, I'm proud of the fact that because I lost my license and my job ( because of an over zealous cop who vilolated my 4th amend rights which was proven in court)I am now a stay at home dad with two identical twin daughters who are 7 months old, and that my friend carries more reponsibilties in one day then you face in a whole month! Oh, we all sleep well at night as well!

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     Subject Emotional Issue

Date Thu Apr 17 2008 20:04

Author Maury D. Beaulier

It is an emotional issue for everyone involved. Thank you for your insight and debate is what allows you to decide what arguments have merit, how they may be percieved and how to better present them.

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         Subject comment

Date Thu Apr 17 2008 21:59

Author One cops opinion (Johnson1234@yahoo.com)

bottom line is this. if u are granted a limited or B-card, don't abuse it by drinking. You insult the system and make the other people, ones who are following the rule, welll, you make them look bad too. If i catch them violating the programs, i will clean house. Maury, you can't argue with that. Look, getting a dwi screws up your life and i don't take it lightly. I've let a lot of people walk home instead of getting arrested. i think you would be shocked if you could honestly get a sample of how many officers have this opinion. however, in today socity, alcohol is a political issue in any situation and driving has a huge target on it. however, if u get behind the wheel and are a REAL threat to someone, i will take you out, that's my sworn responsibility and one i take seriously. If you are stupid (yes i said stupid) to get a third dwi, i have no pitty for you. well, i'm done with my rotation and i'm (belive it or not) going to slam a few beers as i go take the dogs for a walk.. God bless and be safe.

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             Subject take you out

Date Mon Jan 12 2009 20:02

Author Rick Schmidt (rgsbuildersinc1@yahoo.com)

Enter your message here. what the hell! i thought this board was for people to get together to talk. and not say crap like this cop is. i know some cops and i also know the county attorny and they are the biggest drunks around. the attorny sits in the bar from the time he gets off work to closing time and drives home, wich he lives about 5 miles away from the bar and then the next day he goes into work and hangs people for doing the same thing he did that night. i have no respect for these people. any county lawyer that can do that should lose his job. Any cop that can sit on here and rip on people and say things like.. ( i will take them out) should get a life. all you are is a bitter person. must of got beat up alot when you were in school, i dont know and i dont care. i'm sure i will have to wait it out to get my liscense back! but i except that. and when i do i will never screw it up again. but i do think the law needs to change. people can change for the better and change there lives around, why punish them for the rest of there lives. and yes there is good cops. but there is more bad cops. and the guy on here is a bad cop. this sight is to help not to put people down. good luck to all looking to change this b-card law.

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             Subject You don't care about the public.

Date Sat Apr 19 2008 18:20

Author Mark

I've known a lot of police officers in my time, but you certainly are the most ignorant, self-absorbed and conceited excuse for a cop I've ever seen. Your occupation as a police officer has the essence of a personal mission. You could be one of those cops who got picked on in high school; and now you're out to get payback. I've read all of your posts and I do not recall seeing one reference toward compassion nor benevolence. You don't care about the public. If you did you would realise that habitual DWI offenders and these meth heads you bitch about are actually people who need help, they don't need to be punished. You need to understand that. If a person has a chemical dependency problem, it's probably because they have a lot of other problems too and they use drugs and alcohol to get away. How does throwing them in jail and making these people pay ridiculously high fines help them? It doesn't. You speak of taking these people off the streets and you think you're god's gift to law enforcement, but in reality you are the worst kind of cop...the kind that doesn't care. Enjoy your glory. No one is thanking you.

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             Subject Dogs

Date Thu Apr 17 2008 22:29

Author Maury D. Beaulier

My opinion is thatif you have three DWI's, alcohol has not been your friend and it is time to take inventory and not drink anymore. Moderation is not a gift you likely enjoy.

My poor puppy was hit by a car a couple weeks ago and is recouping from surgery. He seems to be doing well, but walks are out for awhile.

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                 Subject pup

Date Fri Apr 18 2008 10:23

Author One cops opinion (Johnson1234@yahoo.com)

My number one rule in life "Never trust a man that doesn't like dogs"

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Subject I wanted a lawyer present.

Date Sat Apr 19 2008 17:48

Author Burt Reynolds

I have a question. Thursday night i was in (location ommitted) at what you would call a "social gathering" that included lots of alcohol and underage drinkers. A person at this gathering became angry with other patrons for some unknown reason and decided to call the police. When the police arrived, one young lady was stupid enough to open the door and let them in. The black box of death (PBT) was ready to go. There were four officers and one sherriff. Three people at this party were breathalysed although they had not been drinking. They all blew .11. Noticing this phantom drunk phenonema that seemed to have gripped the sober patrons, I quickly decided that i would refuse to blow. I had consumed some alcohol earlier in the evening, though my personal PBT read 000. The problem is that I'm only 20. The fat sherriff who arrived after the muni. officers approached me and told me to blow. I refused. I told him I wanted my lawyer present. I denied drinking. He instead subjected me to some excercises which i failed even though I was stark sober. I kept saying I wanted my lawyer and he ignored me. He wrote me up for underage consumption. My question is this...was I not entitled to legal counsel? BTW I was prevented from leaving.

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     Subject No Counsel

Date Sat Apr 19 2008 20:36

Author Maury D. Beaulier

You were not entitled to counsel. However, it would seem that you have a good defense if the officers did not have a reasonable and articulable suspicion to believe you were consuming alcohol. Arguably, being present at a party is not sufficient without additional evidence. If you were ticketed, you have a good defense.

For a consultation call 612.240.8005

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         Subject evidence

Date Sat Apr 19 2008 21:28

Author Burt Reynolds

Alright. So, just what kind of evidence does the state need to convict me of underage drinking? I assume they use the PBT because it's hard evidence of consumption, but without that, wouldn't it be hard? One other question..was there a point when I would have been eligible for legal counsel to be present?

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             Subject Underage Consumption

Date Sat Apr 19 2008 23:16

Author Maury D. Beaulier

Indicia of consumption may include many things including: (1) scent of alcohol; (2) watery, bloodshot eyes; (3) having a beverage in your hand; (4) A lack of balance; (5) inability to understand questions or instructions.

All facts may be raised at trial that would support alcohol use.

You have a right to counsel whenever there is a custodial interrogation.

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                 Subject Case

Date Sat Apr 19 2008 23:27

Author Maury D. Beaulier

The following case potentially provides you with the olegal argument for your defense. That defense is that there was no indivdualized suspicion of alcohol consumption.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=appunpub%5C0304%5C1150&invol=1

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                     Subject Underage Consumption

Date Sat Apr 19 2008 23:33

Author Maury D. Beaulier

The statute under which you were charged is, in pertinent part (with highlighted portion critcial) is as follows:

Minn. Stat. Sec. 340.503

Subdivision 1. Consumption. (a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or

(2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian.

(b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.

(c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage.

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     Subject Disregard first post...missing info

Date Sat Apr 19 2008 18:00

Author Burt Reynolds

Please disregard the first post. It's missing info.

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Subject Thank you!

Date Sun Apr 20 2008 02:22

Author Burt Reynolds

Fabulous. I agree completely with that case. I was looking on www.lawlibrary.state.mn.us and found some other cases that may be relevant as well. Hopefully this is something I am able to get dismissed without having to go to trial. BTW, what has happened the proposed new drinking age law? There was something on the news weeks ago about it being lowered to 18...
Thanks again!

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     Subject Dismissed?

Date Fri Apr 25 2008 23:33

Author Burt Reynolds

Hello Again
Well, I just checked the court calendar on MPA and everyone who got cited at the party for underage consumption is on the calendar for 9 am on the 6th. Everyone but me...im afraid that there might be other charges against me, but at the same time it may have been dropped. Or maybe they're just slow to put it on the calendar? What are your thoughts?

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         Subject No Way to Know

Date Sat Apr 26 2008 14:57

Author Maury D. Beaulier

Without knowing more, I would not be able to hazard a guess as to why it is not on the calendar.

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             Subject Sentencing Question

Date Tue Apr 29 2008 13:46

Author Lilly Kelley (w1001380@yahoo.com)

Hello - I go to court in Scott County on Friday for a settlement conference for a DWI charge. I was charged with both 2nd and 3rd degree DWI. I had a prior in WI in 2003 and initially refused to take the test when arrested because I couldn't contact a lawyer due to the late hour. Once I was told I would be charged with a 2nd degree and that I would lose my car, I offered to take the test but the officer would no longer let me. (They have me on the implied concent recording offering to take the test) At my implied consent hearing, I was granted my license back on the basis that the officer didn't have the right to charge me with refusal seeing as my offer to take the test was given less than a minute after I refused, the officer didn't leave the room, I didn't speak to anyone else, etc.

I have a few questions that I would like your expert opinion on. My lawyer is less than helpful and actually is quite rude with me when I ask him speculative questions, so I figured this would be a safe place to ask these questions to see what you think.

1) I know that the sentence minimum is 30 days for a 3rd degree. I would LOVE to serve STS rather than EHM. How often do you see STS given as a sentence rather than EHM? Is this even possible, in your opinion, on a 2nd offense?

2)Do you think I have any prayer at getting this reduced to a wet reckless, or is this also almost impossible on a 2nd offense? (Keep in mind, they have no BAC, and the same judge that ruled in my favor in the implied consent ruling will also be my judge for the settlement conference. Also, the only FSTs that they have me as "failing" are the HGN and they said I had a "faint" odor of alcohol on my breath. I was pulled over for going 8 miles over the speed limit.)

Thanks for your opinion!
Lilly Kelley

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                 Subject Would Need File Review

Date Tue Apr 29 2008 15:37

Author Maury D. Beaulier

The sentence for a conviction on a third degree DWI varies from Judge to Judge and circumstance to circumstance. the preumptive sentence is 30 days with 28 of those on EHM However, it can be more. I rarely see STS given as the sentence.

There is no such thing as a "wet reckless" in real life. A reckless driving is a reckless driving and a DWI is a DWI. If you are asking whether or not a prosecutor would agree to a reductuion, without more information, I would say the answer is "no."

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                 Subject One more question

Date Tue Apr 29 2008 14:07

Author Lilly Kelley (w1001380@yahoo.com)

I forgot - one more question. Before I was granted my license back and the revocation order was rescinded at the implied consent hearing, I had already had my license revoked for 5 and a half months. If I am convicted of third degree DWI (which I think is a likely scenario, according to what my lawyer says) there is a criminal revocation period of 6 months. Do you think they will take my license again for the two weeks if I'm convicted, or do you think there is a chance that they will just leave it? It would be nice if they wouldn't revoke it for the two weeks, as then it will not show up on my insurance and I will not have to pay all of the reinstatement fees, etc.

What do you think?
Lilly Kelley

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                     Subject It Will Be Revoked

Date Tue Apr 29 2008 19:31

Author Maury D. Beaulier

They would take it again for whatever period is remaining on the revocation. It is an automatic process.

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                         Subject Just finished with court

Date Fri May 2 2008 22:47

Author Lilly Kelley (w1001380@yahoo.com)

I just finished with court, and had the third and second degree DWI charges reduced to a single 4th degree charge. I already had my license revoked for 145 days before I was granted my license back at the implied consent hearing. I know that in your previous post you stated that the revocation is an immediate process... but what about now, that I have been convicted of the misdemeamor 4th degree only? I think the revocation period for that charge is 90 days, and I have already lost my license for well over that time period. Will they still revoke my license? For what time period? My lawyer wasn't sure.

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                             Subject 90 days

Date Sat May 3 2008 10:22

Author Maury D. Beaulier

If you plead to a 4th degre offense. It would be revoked foir the 4th degree time period which is 90 days. If you have been revoked for that long already, no additional period would apply.

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                             Subject oh...

Date Fri May 2 2008 22:51

Author Lilly Kelley (w1001380@yahoo.com)

Oh - and they did allow me to do STS. They thought I was nuts for asking and thought that EHM was a much easier sentence in their opinion. Yay!

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                                 Subject Congrats

Date Sat May 3 2008 10:23

Author Maury D. Beaulier

Congratulations, you had a very good Judge.

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Subject DPS contacted me....

Date Sun May 4 2008 19:19

Author Lilly Kelley (w1001380@yahoo.com)

The DPS sent me a letter and stated that they were going to be revoking my license for the full 180 days. Even though I was only convicted of a 4th degree, because I had a previous revocation from the WI DWI in 2003, they stated that they will take it away for the remaining time period. Is this right? Can I fight this?

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     Subject 180 Days

Date Mon May 5 2008 08:04

Author Maury D. Beaulier

If you had a prior revocation for DWI, then the new offense would be a second alcohol related offense which would make the revocation period 180 days.

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Subject Drug

Date Wed May 7 2008 04:09

Author Anthony (tonytyme23@hotmail.com)

A friend of mine called the police to her house in Wisconsin for a fight between her boyfriend. They found 500 plants of marijuana in the house and took him to jail. They confiscated their vehicles. What is the charge on something like this and realistically how much time could he serve. This is his first offense but he was under watch. Could she get charged as well it was her house and she knew about the plants. Thanks

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     Subject Class E Felony

Date Wed May 7 2008 10:21

Author Maury D. Beaulier

Under Wisconsin Statutes 961.41, it is a felony and most likely a Class E felony which is punishable bty a term of imprisonment not to exceed 10 years. Any asset used in the commission of the offense, such as a house or a vehicle, may be subject to a forfeiture action by the state.

Certainly, there are many challenges to such criminal offenses including challenging any search that may have occurred.

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Subject upgrading a crime

Date Thu May 8 2008 17:28

Author Mike (mjl1817@comcast.net)

I am suffering a bit of confusion here. Please explain if you would how this is done and if it is grounds for an appeal

I was convicted of an m2. in municipal court in Philadelphia Pa. The case was overturned on appeal "non pro tunc"

I was then convicted in Philadelphia superior court but now it turned out to be an M1

I do not understand how they could upgrade the charge when I was being retried on the charge.

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     Subject Cannot Answer

Date Thu May 8 2008 23:38

Author Maury D. Beaulier

I am afraid that I cannot answer your questions about PA law since I am not licensed in that state. You must seek counsel of a PA lawyer.

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Subject dwi

Date Thu May 22 2008 18:11

Author john

MN I have been charged with misdemeanor DWI. However I have had 2 prior dwis. However, the other dwis were over 10 yrs ago. The Prosecutor wants me to do 10 days in jail. How can she use the other dwis agaisnt me when the statute says only enchance if within 10 years?

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     Subject Sentencing

Date Fri May 23 2008 12:39

Author Maury D. Beaulier

The prior DWI offenses cannot be used to / enhance< the present charge to a greater offense (such as a gross misdemeanor or felony). However, the prior offesnes may certainly play a role in what the prosecutor wishes to seek as a sentence on the present charge. That is not an enhancement so long as it is consistent with the charge.

You are charged with a misdemeanor which is punishable by incarceration of up to 90 days in jail and a fine of $3,000. As long as the prosecutor is not seeking a sentence outside of those misdemeanor parameters, it is permissible.

If you do not agree with the offer you may:

  1. proceed to trial and vindicate yoru rights on the merits of the case or er enter a plea; AND
  2. if convicted, in either case, argue the appropriate sentence to a Judge and hope for something less than what the prosecutor is recommending.

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Subject WHISKEY PLATES

Date Sun May 25 2008 12:47

Author ANNE (ANNEH62@YAHOO.COM)

MY DAUGHTER RECENTLY REC'D A SECOND DWI WITHIN TWO YEARS OF THE FIRST DWI. THE PLATES HAVE BEEN CONFISCATED FROM THE VEHICLE SHE WAS DRIVING AND WE HAVE BEEN TOLD WE HAVE TO GET WHISKEY PLATES. THE CAR IS IN MY NAME NOT HERS. WE HAD LET HER USE IT TO GO TO AN APPT THE DAY SHE ENDED UP DRIVING DRUNK. I UNDERSTAND ABOUT HAVING TO HAVE THE WHISKEY PLATES IF SHE IS LIVING WITH US. MY QUESTION IS, IF WE WERE TO SELL THIS CAR TO MY SON WOULD WE STILL NEED TO GET THE PLATES SINCE HE IS ON OUR INSURANCE?? HE IS 18 AND WILL BE MOVING OUT OF TOWN TO COLLEGE IN TWO MONTHS. IF I CAN'T DO THAT, WHEN I SELL IT TO SOMEONE ELSE THEY WILL JUST HAVE TO RE-REGISTER THE CAR, CORRECT? I'M IN A DILEMMA & NEED TO GET THIS TAKEN CARE OF BUT CAN'T SEEM TO FIND INFO ON IT. THANK YOU.

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     Subject Permission Required

Date Mon May 26 2008 10:40

Author Maury D. Beaulier

Once you receive a notice that plates are being impounded, the vehicle cannot be sold without permission of the state. In most instances the vehicle will be required to have the special series plates if being sold to a relative.

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         Subject whiskey plates

Date Mon May 26 2008 21:59

Author ANNE (ANNEH62@YAHOO.COM)

So getting permission from the state...does that mean the License Bureau or the transportation dept? Thank you for your help!

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             Subject Dept of Public Safety

Date Tue May 27 2008 07:45

Author Maury D. Beaulier

You go through the Department of Public Safety.

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Subject Work Permit

Date Thu May 29 2008 16:31

Author John (adamsconf01@aim.com)

I have a question about getting a work permit. I received 4 DWI's in my lifetime. My most recent one was a couple years ago. I also had a B card violation prior to my most recent DWI (about 6 yrs ago). I was told by the DMV that I need to prove that I have been sober for 4 years (since my last DWI, etc) before I can qualify for a license. It has only been 2 years as of today's date. What can I do about this? Can I get a work permit so I can earn a living? Any help would be appreciated. Can an attorney do anything?

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     Subject What did you expect?

Date Fri May 30 2008 10:53

Author Matty

Geez. You have four DWI's and continued drinking despite having a B-card? That would seem to make you a danger on the road when you cannot control such an obvious problem. The state should not be issuing work permits or licenses in cases like that. What did you expect?

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         Subject Matty must be the cop with the opinion

Date Sat May 31 2008 20:09

Author Scott

Why do you feel a need to come on here and rip people who are searching for help with the issue's they are facing? This is a forum for people to come and ask for guidance and advice. Don't be so judgemental. If you can't offer help or any type of constructive advice, then please, shut your trap. I personally am sick and tired of cops coming on this site and insulting those who come here seeking help. Go to your local donut shop, confer with your other donut brothers about how you think your all a bunch of super hero's because of the badge you hide behind, and leave the rest of us who come to this site seeking help, the "F" alone!

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             Subject Criminal Attorney

Date Sun May 3 2009 11:34

Author Barbara (bb70976@gmail.com)

The above thought is smart and doesn’t require any further addition. It’s perfect thought from my side.
Barbara
Criminal Attorney

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             Subject nope

Date Sun Jun 1 2008 21:21

Author da cop (here@there.com)

nope, that was not me, sorry. But good luck anyways

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     Subject No Work Permit after 4 DWI's

Date Fri May 30 2008 10:36

Author Maury D. Beaulier

No work permit is available after a fourth DWI. I have included a chart regarding those issues on my Implied Consent Article.

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Subject Liscense revocation letter after 5 years

Date Thu Jun 12 2008 22:45

Author James (saraw_123456789@yahoo.com)

I recently recieved a letter in the mail saying that my MN liscense will be revoked for 1 year due to a DUI I recieved in 2003. This was in WI and it was my understanding that everything had been taken care of.I also have had DUI's in MN. I have since had a liscense in either state with no problem before and then this comes up. Isn't there a statute of limitations on this? How can they give me my liscense in Mn on 2 different occassions and find nothing then but come back now and revoke it? If I had known I would have taken care of it years ago. Now I am in jeopardy of losing my job if I have no liscense. Please let me know if there is any way to get this revocation thing changed so I could possibly keep my liscense. I have been sober for 4 years now and could really use a break!!!

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     Subject OWI in Wisconsin, License Revocation MN

Date Thu Jun 12 2008 23:52

Author Maury D. Beaulier

That is unusual. However, it often takes time for a Wisconsin DWI to be reported to Minnesota. There is no limitation period on the action.

You may still challenge the license revocation. To do so, you must file a Petition for judicial review and demonstrate that the OWI in Wisconsin was not a statute conforming to Minnesota. If that was the first offense, you would have a decent challenge since an OWI in Wisconsin is not considered a criminal matter and different procedural rules apply.

For a consultation call 612.240.8005.


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Subject ORDER OF REVOCATION

Date Sat Jun 14 2008 11:25

Author KRIS (TKLASELL@AOL.COM)

Enter your message here. The other night, I went out with a girlfriend for a few hours and drank a few cocktails. On my way home, I hit my neighbors mailbox (located in a sharp curve in the street). I did not realize which box I hit so I went around the block again and could not find the mailbox - it was my intention to stop and tell them what had happened. However, I could not find the mailbox so I went home and parked my car in the garage (damage to my car is cracked windshield and minor scrapes/shallow dent in hood). Next thing I know the police are knocking on my door. I told them that I hit my neighbors mailbox and that I had been out and had a few drinks. Next thing I know, they have me out of my house and were administering field tests. The police never actually caught me driving the car - it was parked in my garage when they showed up at my front door. I recently had major surgery on my knee and could not do the heel toe/stand on one foot thing. The police went into my garage and took pictures of my car. Also, I was not read my miranda rights when they handcuffed me and removed me from my driveway. My husband was standing right there and says that they never did, also. The police report given to me does not state that my miranda rights were read to me. Once at the jail, they asked me to take the breathalyzer and I refused. I was then booked into jail, charged with 4th degree DUI, leave the scene of a property damage accident and 3rd degree refusal to submit to chemical testing. I spent the night in jail and posted $1200 bond. I have apologized to my neighbor and paid him $100 for damage to his mailbox. My next court date is in 5 days. I am 39 years old, never been in trouble before, mother of one child and work part time. Will I be able to get a work permit (they told me I would lose my license for 1 year)? What else exactly am I looking at here? I haven't hired an attorney yet - I just got out of jail and today is Saturday. Any thoughts you have would be appreciated.

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     Subject Test Refusal

Date Mon Jun 16 2008 22:43

Author Maury D. Beaulier

Law enforcement must have a reasonable suspicion of criminal activity for a seizure. What is a reasonable suspicion must be determined from the totality of circumstances. The question becomes whether the officers had sufficient indicia of intoxication to seek field sobriety testing. Telling them that you had been drinking certainly provides some evidence in that regard. Telling them that you had been driving and hit a mailbox would be additional evidence.

Whether or not there is probable cause to charge you would also depend on; (1) what evidence exists as to when the car was last driven; and(2) whether any alcohol consumption occurred after the driving conduct. A possible defense would be post driving consumption.

It is not required for Miranda warnings to be read unless a custodial interrogation occurs. In the DWI setting, an Implied Consent Advisory is read atthe station advising the person that the officer believes that they operated a vehicle while intoxicated, that a tetst will be offerred to deternmine alcohol concentration, that a refusal to take the
test is a crime, and that they may contact an attorney within a reasonable time period before decidibng to take the test. That Implied Consent Advisory is usually recorded.

If you refused the test, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of a year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. This is an entirely separate case from the criminal case. On a test refusal, you may be revoked for up to one year. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

· Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

· Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

· Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

· Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 612.240.8005.

On a refusal to test, the revocation period is one year.

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Subject Car Being Seized?!

Date Wed Jun 18 2008 20:56

Author B (mabr0505@yahoo.com)

Recently I got a DWI, second one .20 w/ prior. The police served me with intent to forfeiture my vehicle. I never signed it. I know that doesn't really matter, but I called the towing company to just see if my car was there, and they said and to come and get it so I was like ok... and I got it. Now it's out, and the towing company realized they messed up, and is calling me and threatening me saying to bring back my car before they call the police and report it stolen. But I didn't steal it, they released it to me... and now they are telling me that it was an accident, and the paper I signed when I took it said my car was suppose to be held up in the upper right corner, well there was nothing on my copy they gave me and it was CARBON paper. My lawyer just told me to buy some time, and he has never had a client this has happened to. Had anyone been in this situation?! Advice...

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     Subject Forfeiture Law

Date Thu Jun 19 2008 00:15

Author Maury D. Beaulier

You cannot be charged with stealing. However, that does not preclude the municipal from seeking to forfeit the vehicle and they can have it ordered returned. You must sue the state to challenge the forfeiture. You have 30 days from the date that the forfeiture notice was served to challenge it.

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         Subject Forfeiture continued...

Date Fri Jun 20 2008 14:29

Author B (mabr0505@yahoo.com)

The police got a search warrant for me at my mom's address, and I just moved in with my boyfriend (just haven't changed my address yet). Well the police threatened her and were being super rude, and she really didn't know anything. Well they showed up at my work, and searched my stuff in front of all my co workers. Told me that I'm in big trouble for having my car, and that I'm going to be charged with possession of stolen property and that I was obstructing legal process?! So I told them where my car was and to go get it. And they are accussing me of hiding it, but I don't have a drivers license!! So it's just sitting in my garage. Did they have a right to come to my work, and make a huge scene?!

I did file the paper work, and all that. My lawyer is dealing with that stuff. I just don't understand how the police had any right to do what they did.

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             Subject Forfeiture

Date Fri Jun 20 2008 15:49

Author Maury D. Beaulier

They may certainly come to your work and ask questions since the vehicle is subject to forefeiture based on a criminal act. It would be very difficult for them to charge you with possessing stolen property or obstructing legal process based on the facts provided.

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                 Subject Hmmm

Date Sat Jun 21 2008 06:37

Author B (mabr0505@yahoo.com)

I just thought it was ridiculous that they went that far. They treated me like I was like committing the crime of the century. They came to my work and cornored me, and didn't make any point to be quiet about it, and to make sure all my co workers heard. And than they searched me, which I felt very violated. They searched my mom's house, like inside, and told her to shut up and sit down. Did they really think I had the car hidden in the basement?! Come on now, it's like really... I told the towing company to have the police call me if they wanted the car back. I wasn't trying to hide it, and really I didn't do anything wrong. They messed up, not me. I paid for the car to be releaed, and I called three times and every time they said to come get it. So that is on them. I just didn't feel very comfortable because the towing comany guy was pretty much threatening me, and than the police went to extremes. Could I use this at all when we are fighting the forfeiture? I'm just like WOW. The police were yelling at me in front of my work, and my boss was right there! I could have been fired.

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                     Subject I Understand

Date Sat Jun 21 2008 23:11

Author Maury D. Beaulier

Unfortunately, the only thing that matters in a forfeiture hearing is whether there is a basis legally for the forfeiture. Even if the police conduct were to actionable, it would not affect the proceedings. I certainly understand your angst.

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                     Subject ..

Date Sat Jun 21 2008 06:45

Author B (mabr0505@yahoo.com)

Also, the warrant wasn't even to search me. It was just authority to get the car and keys. And I told them very specifically where they would find them both. They went on to tell me that I was in the wrong, and I won't have any chance of getting the car back. But if the warrant, or w/e it was just said keys and car... Did they really have a reason to search me? Like my whole body, and my stuff...

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                         Subject Language of the Warrant

Date Sat Jun 21 2008 23:13

Author Maury D. Beaulier

The answer depends on the language or the warrant. However, if your keys could be in your pocket, you can be searched.

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Subject conviction and purchasing a gun

Date Mon Jun 23 2008 13:02

Author Todd (mikeels_119@gmail.com)

Hi, If I had a conviction for a felony drug case in Minnesota a few years back but now the conviction level was reduced to a Misdemeanor (probation was successful and I had a Stay of Imposition), I am eligible for a gun permit in Minnesota to purchase a gun now?

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     Subject Possession of Weapon

Date Mon Jun 23 2008 14:46

Author Maury D. Beaulier

On a Stay of Imposition, you plead to a felony and it is reduced to a gross misdemeanor after the probationary period. As a result, the plea to the felony may still result in the denial of gun possession privileges. The conviction for a drug offense also precludes that possession.

Under federal law, the following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

  1. Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
  2. Fugitives from justice.
  3. Unlawful users of certain depressant, narcotic, or stimulant drugs.
  4. Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
    Illegal aliens.
  5. Citizens who have renounced their citizenship.
  6. Those persons dishonorably discharged from the Armed Forces.
  7. Persons less than 18 years of age for the purchase of a shotgun or rifle.
  8. Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
  9. Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
  10. Persons convicted in any court of a misdemeanor crime of domestic violence.
  11. Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition.

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Subject 3rd Degree DWI charge

Date Sun Jun 29 2008 22:48

Author Justin

I was leaving a local concert last night with two friends, and everyone was drinking. I was walking through the parking lot when friend A pulls up in a Ford Ranger extended cab and tells me to climb in because we were leaving. The vehicle was not mine, or either of my friends. I don't know whose vehicle it was. I enter the vehicle and I am sitting/riding in the back seat. We leave, and on a freeway entrance ramp a cop turns on his lights and proceeds to pull over the vehicle. Friend A stops the vehicle, and both friends decide to run. I climb out of the backseat and follow them. I did not make it far as a I fell about 20 ft from the vehicle. Both friends flee and do not get caught by the police. I was arrested for a probable cause DWI. I asked the officer what I was being charged for and he said a 3rd degree DWI, because I had tested for a .21 BAC at the station. My driver's license was revoked, and I also recieved a license plate impoundment. The incident happened last night, and my brother bailed me out from jail this morning. More charges may be added as I have not recieved a formal charge from the court. My question is how well the "physical control of the vehicle" holds water as I was in the back seat of the vehicle and wasn't the person driving?

I have no priors or criminal record. I admit leaving the vehicle was the wrong thing to do, but I was impaired and not thinking straight. I know there are many factors to consider in this case. I was inquiring to see how contestable the DWI charge is in court based on the argument of "physical control of the vehicle".

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     Subject 3rd Degree DWI and Fleeing

Date Mon Jun 30 2008 08:11

Author Maury D. Beaulier

Being in the back seat would not be being in control of the motor vehicle. As a result, it would appear that you have a strong defense to the DWI charge. However, you must be agressive in filing your motions to challenge probable caise for the charge and you must immediately file a Petition to challenge the license revocation. Such a Petition must be filed within 30 days or you will lose the right to contest that revocation,

I assume that you may also have been charged with Fleeing on Foot, which can also be a serious offense.

For a FREE consultation call 612.240.8005.

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Subject DWI Reciprocity with other State

Date Tue Jul 1 2008 07:48

Author David Cayce (cayce@triadstudio.com)

Your site is a wonderful source of information!

Is there a comprehensive list of States where a person on DWI suspension can move to and 'Start Over', legally obtaining a license I that state? I have a ten year suspension which is so crippling that I'v decided the move to be worth it.

Thank you. Cayce

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     Subject No "Do Overs" Anymore

Date Tue Jul 1 2008 13:21

Author Maury D. Beaulier

All U.S. States are now networked and a DWI in one state can result in a license revocation or denial of license in another state. There is no way to "start over" as you put it.

If you are cancelled as Inimical to Public Safety and cannot reinstate for a minimum of ten years, that likely means you have had more than four (4) DWI's. In many states that may result in a permanent ban.

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Subject Probation violation hearing

Date Tue Jul 1 2008 10:00

Author Ryan

05/12/2008 Warrant Recalled
05/13/2008 Warrant Returned
This what it says on the Internet after the hearing was set. So does this mean he did not show up for court?
Can we contact his probation officer or Hennepin Cty. officer if we know where he is at?

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     Subject No Context to Post

Date Tue Jul 1 2008 13:28

Author Maury D. Beaulier

First, this is a board for criminal defense.

Second, without seeing all of the entries, it is difficult to determine meaning. However, it is true that warrants issues in misdemeanor files (except for DWI, Assault or contempt) are "recalled (returned to the Court Administrator) one year after issuance, and a warrant recalled in that fashion, or returned, is canceled unless a Judge of District Court specifically directs that a warrant remain in effect for a longer period. In other words, it appears that there is no longer a warrant.

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Subject wisconsin/licensing

Date Wed Jul 2 2008 21:09

Author brady (shannonbode@yahoo.com)

I currently have a B license(no alcohol whatsoever). If I choose to move to Wisconsin or another state can that restriction be removed? I have completed all necessary requirements and have a valid license, with that restriction...I've had 3 DWI's 1995,1999,2006. And will have no more.......Thanks much

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     Subject State Law that Issues License Applies

Date Sun Jul 6 2008 21:36

Author Maury D. Beaulier

If you move to Wisconsin, and acquire a Wisconsin license, Wisconsin law applies. They too have a version of the b card.

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         Subject What about North Dakota

Date Wed Mar 24 2010 12:30

Author moving_back_where_we_belong (carole@windypineskees.com)

Maury, what about North Dakota? Thanks!

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Subject thanks

Date Mon Jul 7 2008 16:36

Author brady (shannonbode@yahoo.com)

Are Wisconsin's conditions for issuing a version of our B-Card similiar? I've researched that they(Wisconsin) have a demerit system, but it seems to forgive over time....Thanks again

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     Subject Wisconsin Laws

Date Tue Jul 8 2008 13:00

Author Maury D. Beaulier

Wisconsin does not have a b-card restreiction per se, However, consequences of additional OWI offenses are equally severe. On a third and subsequent OWI / DUI - related conviction in Wisconsin, a judge may order seizure of the vehicle used in the offense and owned by the person who committed the offense.

On a third and subsequent OWI / DUI - related conviction, a person who owns a vehicle that is subject to seizure must surrender the title to the vehicle involved in the offense to the clerk of courts to be stamped "Per section 346.65(6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval." This is similar to having special series plates in Minnsota. The title will be stamped and returned to the owner.

Ignition Interlock Devices (IIDs) can be ordered as a license restriction on second and subsequent OUI / DUI offenses or for a refusal of a chemical test under the implied consent law. Unlike vehicle seizure, Ignition Interlock Devices are tied to a person's operating privilege rather than to a particular vehicle.

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Subject issued ticket by different cop

Date Tue Jul 8 2008 10:37

Author Ryan (karantzy@charter.net)

I have had a perfect driving record for 10 years. Recently, a police officer pulled me over for "failure to stop" at a 4-way stop sign. He said a different cop saw me and called him to pull me over, then he made the stop and issued the ticket. I asked him very politely if HE, himself, had witnessed what the other cop told him. He said No. I told him again very politely that I knew I had stopped because my brakes were going bad at the time and I always slowed way down ahead of time and did the 2-second count rule. My question is - can a cop issue a ticket for a different cop who supposedly saw a violation? Please advise - I plan to go to traffic court to fight this. Thank you!

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     Subject Moving Violation

Date Tue Jul 8 2008 13:10

Author Maury D. Beaulier

Yes. A ticket can be issued if witnessed by another officer. However, it makes the case more difficult for a prosecutor should you take the matter to court. Regardless, if you have had a clean record, you should take the matter to court. In most cases the prosecutor will agree to a Stay of Prosecution which allows the matter to be dismissed if you do not have a same or similar offense within a defined period of time.

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         Subject Moving Violation

Date Wed Jul 9 2008 10:18

Author Ryan (karantzy@charter.net)

Thank you very much for your quick response! Much appreciated!

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Subject Judgement terminology

Date Tue Jul 8 2008 14:48

Author curious

Mn Mine is one of a number of judgements that were issued against a person. When I pull the person's name up it states the judgement and mine has a status of closed and the other has converted closed. What is the difference?

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     Subject Judgement

Date Tue Jul 8 2008 22:59

Author Maury D. Beaulier

I assume you mean a civil judgement. If so, it is not a criminal question and I would have to review the entry and where it was derived from to hazard an opinion.. With that said, a monetary hudgement is good for a period of 10 years and may be renewed for a second ten if done before it expires.

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Subject Getting License Back - MN

Date Sat Jul 12 2008 02:56

Author ty (tyl1972@gmail.com)

Hello There -

On Oct 20 2006 I received a 3rd Degree DWI. It was my fourth DWI/DUI. The others were in 1990/1995/2000.

My last drink was Nov 7 2006.

After I finished with court I received an assessment that said that I would not need to attend treatment with the stipulation that I attend AA and remain abstinent.

The way the law was explained to me by my public defender was that I would be able to apply to get my license back after 1 year if I completed treatment...or 2 years if I did not but remained abstinent and continued going to AA. Plus, the letters of recommendation.

During the first year I did attempt to go to treatment, however, due to it's high cost and my not qualifying for funding due to the fact I was not referred. I decided to just wait another year as I had lost my job and was working at home - so, I didn't really 'NEED' to have my license. In addition to that, I pay high child support.

If this is true, then I should be able to apply to the state to receive my license back this coming November. However, I am starting to have some misgivings as to the accuracy of this information.

Any thoughts or advice are greatly appreciated. Thank You.

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     Subject Treatment Necessary

Date Sat Jul 12 2008 10:31

Author Maury D. Beaulier

The Chemical Dependency Assessment for purposes of the criminal case and probation is vastly different from the civil requirements for reinstatement of your license. One has no impact on the other.

To reinstate, you must go through a treatment program, attend AA and provide tatements from those that know you that you have not consumed alcohol

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         Subject 2nd/3rd degree DUI???

Date Thu Jul 17 2008 05:15

Author Ron O'Meara

1st off I want to thank you Maury, your website is very informative. In April 2008 i got my 2nd DUI for driving on the wrong side of a divided highway. On my roadside BAC I blew a .207. The officer decided to give me a urine test which came back 1.5 months later as .20. In June I recieved a letter from the MN Dept of Public Safety stating that my license is revoked for a period of 1 year starting on June 12 08. On July 16th I finally received a summons from Washington County to appear in court. In the summons it states that I am being charged with "3rd degree with AC over .08 or more" and " Driving Wrong Way on Divided Highway"

My questions to you are:

*Shouldn't my charge be a "2nd Degree DUI" because i have a prior DUI within 10 years and the current one has 1 aggravating factor.
*Can that charge be changed to a "2nd Degree" by the prosecuting attorney or is it set in stone?
*What am I looking at for the "Driving on Wrong Side" charge as far as penalties go?
* If I am convicted of a 3rd Degree Dui will I get my license back sooner?
*Can I get a work Permit?

Thank you in advance for all your help!!!!

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             Subject Third Degreee DWI

Date Thu Jul 17 2008 13:42

Author Maury D. Beaulier

*Shouldn't my charge be a "2nd Degree DUI" because i have a prior DUI within 10 years and the current one has 1 aggravating factor.

Yes. If you have a prior DWI or Implied Consent violation within ten years, and yoru current offense was based on a test in excess of .20 BAC, is could have been charged as a second degree offense which is a gross misdemeanor and is punishable by up to 1 year in jail and a $3000 fine. Since your BAC was so close to .20, the prosecutor may simply have decided to charge it out as if the BAC was under .20. THat would be a likely plea offer if it had been charged out as a second degree offense since there are some strong arguments all test methods have a margin of error which may have placed your BAC below.20.

*Can that charge be changed to a "2nd Degree" by the prosecuting attorney or is it set in stone?

The complaint and charges may always be amended.

*What am I looking at for the "Driving on Wrong Side" charge as far as penalties go?

If you have an attorney, chances are that you could avoid that offense with a plea agreement. It is a misdemeanor punishable by up to 90 days in jail and a $1000 fine.

* If I am convicted of a 3rd Degree Dui will I get my license back sooner?

No. The criminal case does not impact the civil case. You must file a Petition for judicial review to challenge the license revocation and prevail in that case.

*Can I get a work Permit?

A limited license on a second offense with a BAC in excess of .20 would not be available for 180 days. See Limited License Article.

For a consultation call 612.24.8005.

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Subject whisky plate question

Date Thu Jul 17 2008 15:18

Author Barb (smitkl_2@gmail.com)

I have gotten 2 DWI's and now need to get whisky plates on my car. How do I do this? Also, my son's car is titled in both of are names as I was on his car loan which is now paid off. I was trying to transfer his car into his name alone but was told I cannot do this due to my second DWI and restriction on plates. Does he need whisky plates on the car or can I find a way just to title his car in his name alone?

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     Subject Whiskey Plates

Date Thu Jul 17 2008 23:16

Author Maury D. Beaulier

Generally, you proceed to tone of Department of Public Safety Offices and turn in your existing plates in exchange for special series plates. If they have already been seized, you usually cannnot get your car out of impound until you acquire the plates.

If your name is on your son's title, he must have special series plates for one year as well. The title cannot be transferred without permision of DPS which is unlikely.

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Subject Underage drinking

Date Fri Jul 18 2008 21:15

Author jean (linda189380@yahoo.com)

What happens to someone when they get their 2nd underage drinking ticket when they are only 17 and only have a permit. I know that her school was notified and she has to have a chemical assessment to get back into school. Will these 2 violations affect her getting a driver's license too?

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     Subject Underage Consumption

Date Sun Jul 20 2008 20:50

Author Maury D. Beaulier

Underage drinking will not affect their license. Underage drinking and driving would have a signifianct impact and they would lose their license.

A provisional license holder whose driving privilege was revoked due an alcohol/controlled substance-related violation cannot regain a license until age 18. At that time, the person must complete the following steps to obtain a full driver’s license:

  • Fulfill all reinstatement requirements, including the payment of fees which can be up to $680 depending on circumstances;
  • Complete the classroom portion of a formal driver education course;
  • Pass the driver’s license knowledge test;
  • Obtain an instruction permit and hold it for three months;
  • Complete a driver’s behind-the-wheel class.


She does face fines, an alcohol assesment and education class and potential community service. In many schools, it is my understanding that the student may be precluded from participating in activities and sports.

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Subject "Modeling" websites

Date Tue Jul 22 2008 08:29

Author James

I've seen stuff on the news about sites of young kids that claim to be model sites. From what I know of them, they seem like nothing more than child porn. But when I read the federal and state statutes, it doesn't seem so. Both laws seem to require some sort of sexual activity with a minor or someone believed to be a minor. So that makes me think that a picture of a naked kid is not child porn? If he or she is unclothed, either partially completely, but not doing anything related to sexual activity, it's legal? How can this be so? It would seem underage, and topless/naked = child porn! Why aren't the laws stronger for this junk?

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     Subject Art or Child Pornography

Date Tue Jul 22 2008 08:55

Author Maury D. Beaulier

There is a fine line between art and child pornography. The law does require a sexual intent or content.

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         Subject Fine line

Date Tue Jul 22 2008 14:53

Author James

I don't get it, I guess. Nude pictures of minors are fine, as long as there's not sexual conduct or intent? They can dance and prance and pose, and that's art? Egad. The pedophiles must love this! I can see where Grandma won't get charged for pictures of little Susie in the tub, but man, some of these things....
Thanks for your replies, btw. You do great service to many people with this, and I for one am thankful you do. I've learned much from your advice to others.

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             Subject Unconstitutional Child Pornography

Date Tue Jul 22 2008 15:48

Author Maury D. Beaulier

I understand your concern. However, by most statutory standards, laws criminalizing the possession and dissemination of child pornography are broadly written and, as a result, often come under attack as unconstitutional.
Legally defining what is pornographic, indecent or obscene has always marged along a razor's edge with regard to freedom of speech and expression. One person's garbage may always be another person's treasure.

Let's take a look at the pornography laws. Under Federal statutes "child pornography is material “that visually depicts sexual conduct by children below a specified age.” However, the statute, in its previous form , included any images of children, even those that were cmputer generated and did not depict real people. That statute was struck down as unconstitutional. In 2002, in the case of Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Supreme Court declared the the statute unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. It stated that child pornography, to be unprotected by the First Amendment, must either be obscene or depict actual children engaged in sexual activity (including “lascivious” poses), or actual children whose images have been “morphed” to make it appear that the children are engaged in sexual activity.

In the wake of Ashcroft, most states were sent back to their law books to revise their statutes. As it stands in Minnesota, under sec 617.247, a person who possesses a pornographic work or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage
system of any other type, containing a pornographic work, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than five years and a fine of not more than $5,000 for a first offense and for not more than ten years and a fine of not more than $10,000 for a second or subsequent offense.

A pornographic work is defined as:

  1. an original or reproduction of a picture, film, photograph, negative, slide, videotape, videodisc, or drawing of a sexual performance involving a minor; or
  2. any visual depiction, including any photograph, film, video, picture, drawing, negative, slide, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means that:
    • uses a minor to depict actual or simulated sexual conduct;
    • has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct; or
    • is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexual conduct.


For the purposes of this paragraph, an identifiable minor is a person who was a minor at the time the depiction was created or altered, whose image is used to create the visual depiction.

Based on that statute, even a hand drawn depiction of an identifiable minor engaged in a sexual act (even as a cartoon) would be unlawful. Although I have never seen such an offense charged, there is some significant question whether that application would be overbroad and unconstitutional.

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                 Subject Subjectivity

Date Thu Jul 24 2008 07:18

Author James

Wow, I must say the laws are much looser than I would expect and thought. I understand the desire to protect 1st Amendment free speech through art, but this just seems like a bad loophole. It also seems quite subjective as it seems to fall on intent (lascivious) and a pretty high standard ("identifiable minor") of burden of proof. (Trust me, I'm all for purpose of the Bill of Rights protecting the minority from the majority, but still....) It would seem that the state must prove it's an actual, live minor in order to even get anywhere. I guess I see what the Court was thinking, but I don't like it! (And don't even get me started on their eminent domain ruling.) Thanks, and sorry for taking so much of your time.

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Subject Curious

Date Tue Jul 22 2008 13:29

Author Jim

What would the penalty be for driving after cancelation if caught? Are there statues that would refer to this? Thanks

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     Subject Misdemeanor

Date Tue Jul 22 2008 16:15

Author Maury D. Beaulier

A first offense is a misdemeanor punishable by up to 90 days in jail. If a criminal charge such as a DWI resulted in the cancellation, the new charge would also likely violate probation on the previous charge where any jail time on that offense stayed could be imposed.

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Subject b card

Date Wed Jul 23 2008 17:37

Author ben (shannonbode@yahoo.com)

Has anyone ever successfully asked the Minnesota Dept. of Public Safety to remove the no alcohol restriction? Would an agreement to install an interlock ignition device at the customers cost , a show of good faith, be ample to gain regular license status....Thanks

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     Subject No Reprieve from B Card

Date Thu Jul 24 2008 09:30

Author Maury D. Beaulier

At present, there is no reprieve allowed from a B card restriction.

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Subject DWI Test or Knowledge Test?

Date Wed Jul 23 2008 18:29

Author Mark

I am now eligible to reinstate my license after a 4th degree DWI. My revocation period is up, and I have fulfilled the probation requirements. Do I need to meet with an evaluator or anything prior to taking the DWI test?

Also, since my license expired during the revocation period, I acquired a state ID card. When I did so, a worker at the DMV told me that since I was downgrading from a license to an ID card I would later have to take the full knowledge test (instead of just the DWI test) to get my license back. However, I had a friend in a similar situation and he only needed to take the DWI test to get his license reinstated. What do I need to do? Please let me know. Thank you very much for your help, I really appreciate it.

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     Subject Reinstate License

Date Thu Jul 24 2008 09:31

Author Maury D. Beaulier

On a DWI you must take the test and pay the reinstatement fee (around $700). That is all. Since your license also expired, you may be required to pay the fee associated with renewing it as well.

If you downgraded to an ID card, that may well mean that you must take the full comprehensive test.

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Subject Question regarding conviction

Date Thu Jul 24 2008 19:18

Author T (TNelson798@aol.com)

Hi there,

In August of 2007 I was convicted of:

Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours 169A.20.1(5)

The fourth-degree DWI charge was dismissed, as well was another charge.

Is there a difference between fourth-degree DWI and this charge I was convicted of?

Thank you.

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     Subject Slight Difference

Date Fri Jul 25 2008 11:14

Author Maury D. Beaulier

There is a slight difference factually, but no difference in impact.

The first charge factually requires that you were tested with with a blood alcohol content within two hours of driving and it is still considered a fourth degree DWI offense.

The second charge factually requires that you had consumed alcohol and that the alcohol adversely affected your driving conduct. It is also a fourth degreee DWI offense.

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         Subject In response...

Date Fri Jul 25 2008 15:30

Author T (TNelson798@aol.com)

Hi there Maury,

I spoke with you this morning regarding this. Posted the message last evening. I apologize for having you need to explain things twice.

Have a great weekend...

Best,
Timothy

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             Subject No Worries

Date Sat Jul 26 2008 00:53

Author Maury D. Beaulier

No worries. It is good to have it posted for others who have similar inquiries.

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                 Subject 3rd Degree DUI

Date Mon Jul 28 2008 18:30

Author Bill Olson

I have a court date at the end of August for a 3rd Degree DUI in Washington County. Is it smart to go and do a "Chemical Assessment" and "MADD Impact Panel" before my court date to show good faith? I ask because a lady at MADD said the courts frown on that sort of thing. Thank You!!!!

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                     Subject It Does not Help

Date Tue Jul 29 2008 08:45

Author Maury D. Beaulier

Completing a MADD panel or chemical use assessment would not change the result or the sentencing and, as a result, only matters with regard to convenience to you. Moreover, not all Judges order the Madd Impact Panel and some will not waive the fee for a RUle 25 Chemical Use Assessment. As a result, there seems to be little reason to have it done in advance other than convenience to you.

If you intend to contest the charges, it does not make sense to attend the MADD Panel or have a chamical assessment done first.


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Subject whiskey plates

Date Tue Jul 29 2008 15:30

Author anonymous

Is there anyway to fight having all vehicles of a household get whiskey plates when 1 person was convicted?

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     Subject Plate Impoundment

Date Tue Jul 29 2008 23:52

Author Maury D. Beaulier

The whiskey plates would apply to any vehicle that the person can use. Generally, it is difficult to contest if you are family members in the same household and, certainly, if the person charges is listed on the title of the vehicle.

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         Subject HOW TO KNOW IF I CAN HAVE A FIREARM-

Date Tue Aug 5 2008 11:25

Author Mongo (mongo88882002@yahoo.com)

On 11/25/98 I was convicted of 5th deg. misdemeanor drug possession....I was told I could not own or possess a firearm....How can I determine if I am eligible to hunt? I have gotten the run around from the people I have tried to contact about this. I have no idea if I have been able to hunt or not. It is coming on ten years, who can I can contact to find out if I am able. Or do I just go see if I can buy a hunting license and or gun? According to the BCA website, it is a misd. conviction and probation ran out 5+ years ago. Any help you can provide will be greatly appreciated. Thanks.

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             Subject Likely Expires With Probation

Date Tue Aug 5 2008 13:32

Author Maury D. Beaulier

Withhout knowing more about who told you that you are unable to possess a weapon, it is difficult to answer. However, I believe the other person posting is likely accurate. The restriction on possessing a weapon was most likely a probationary conditioned imposed by the court or the probation office after you were sentenced. Since it is not a felony, that restriction would expire with your probation.

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             Subject Firearms

Date Tue Aug 5 2008 13:14

Author Jason

From my experience, as long as you have not been convicted of a felony you can own a gun, and even if you were convicted of a felony you can still hunt, unless of course you broke some big or small game hunting laws. A misdeameanor or a gross misdemeanor can't stop you from buying and owning a gun, only a felony conviction.

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                 Subject re: firearms

Date Tue Aug 5 2008 13:46

Author Mongo (mongo88882002@yahoo.com)

It started out being a felony, then got reduced through a plea bargain, because of another charge at the time.... the jail was taggeg along with the other even though it was different counties....does this have any effect as to your answers? To me if it doesn't state it is a felony at the MN BCA website, then I will assume it is not.....I can't imagine what would be more truthful.......Guess I'll go try and get a license......thanks for your responses.......

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                     Subject Firearms

Date Tue Aug 5 2008 15:18

Author Jason

Well first, I'm not the attorney here, lets see what Maury says, I am still of the belief that if you have no felony conviction then you can own a gun.

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                     Subject re: firearms

Date Tue Aug 5 2008 14:01

Author Mongo (mongo88882002@yahoo.com)

Oh - forgot to mention it was state probation not county - this is where I was informed of no firearm possession......so that probation ended w / out a hitch..... So that is when my civil rights were restored for gun ownership? Another off topic question for you........ If you are in a boat you can be anchored, have open container, and be above the legal limit, and not get a BWI....? As long as you are not driving the boat....? Is there a limit as to how much alcohol you can have in the boat....Does it consist of how many people are aboard?

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                         Subject Weapons

Date Tue Aug 5 2008 16:37

Author Maury D. Beaulier

First, with regard to the weapons issue, it is difficult to say without reviewing the file. If you were charged with a felony and if the plea agreement was something called a "say of Imposition" - that means you plead to the felony offense and after the protaionary period, it was reduced to a gross misdemeanor or misdemeanor. In that situation, the plea to the felony may, in fact, create a prohibition against possession of weapons.

If you plead to a misdemeanor or dross misdemeanor, the prhibition was likely a condition of probation exclusively.

WIth regard to the boat, there is no restriction on how much alcohol you may have in it. To be cited for BWI, there must be probable caue to believe you operated a motorboat while intoxicated. That would require manipulation of the controls with the engine engaged.

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Subject confidential informants

Date Wed Aug 6 2008 22:56

Author James (mn_photographer@comcast.net)

If a search warrant and arrest came mainly from information from confidential informants:

1. Is their statement questionable if they were given special
consideration in their own situations?

2. Does the defendant have the right to subpoena (sp) those
informants in order to reveal inaccurate statements?

any info pertaining to conf. informants would be helpful.

thanks

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     Subject Search Warrant

Date Thu Aug 7 2008 08:07

Author Maury D. Beaulier

As part of a criminal case, often contraband can be suppresses because the seizure of the contraband was unconstitutional. Such a situation would occur where a warrant is found to be deficient and unsupported by requisite probable cause. All circumstances related to the warrant including the information on the afffidavit suporting the warrant is subject to scrutiny.

Where the warrant is based primarily on the statements of a Confidential Reliable Informant (CRI), the identintity and circumstances in which the information was provided can be important. Certainly, if law enforcement have never relied on this individual in the past and/or the CRI entered into some agreement to reduce their own exposure to criminal action, the proabable cause for the warrant may be challenged. A court makes such determinations based on the totality of circumstances related to the warrant.

Youu may not subpoena a CRI. The prosecution must present their evidence as to why the CRI was reliable in any hearing related to a suppression motion.

For a consultation call 612.240.8005.

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         Subject Search warrant

Date Thu Aug 7 2008 12:22

Author Kurt

I would like to add, that if a illegal search and seizure happened with or without a warrant, evidence gathered would be thrown out in a criminal case, however not so in a civil case, any evidence gathered illegally can still be used against a person in a civil matter.

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             Subject Good Insight

Date Thu Aug 7 2008 22:35

Author Maury D. Beaulier

Thank you. That is a good insight and its implicatiosn would depend on the nature of the case. Certainly that would be true if the issue involved evidence of an assault or stolen property or some other property offense.

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Subject work permit and under 21

Date Wed Aug 13 2008 17:20

Author Sean (soppi1988@gmail.com)

If I get a DWI and pled guilty already, and I am under 21, can I still get a work permit after 6 months? What if the blood test was over .20?

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     Subject Limited License

Date Thu Aug 14 2008 01:33

Author Maury D. Beaulier

The answer depends on your license. If it was a provisional license, you would not qualify for a work permit. If it was not, you may.

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         Subject work permit

Date Thu Aug 14 2008 08:51

Author Sean (soppi1988@gmail.com)

I was 19 at the time with a regular Driver's License. So since the 6 months is up, can I get a work permit? (I am suspended for 1 yr due to BAC over .20%).

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Subject work permit and under 21

Date Wed Aug 13 2008 17:20

Author Sean (soppi1988@gmail.com)

If I get a DWI and pled guilty already, and I am under 21, can I still get a work permit after 6 months? What if the blood test was over .20?

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Subject Error by court

Date Mon Aug 18 2008 22:46

Author Justin (js1501@msn.com)

I'm trying to help a friend who is in legal trouble due to a court error, and I'm not sure who to turn to.

She was given a court appearance date after being cited for driving in Minnesota without proper insurance. She is from Wisconsin, and her car is still registered in WI, which apparently has different insurance laws.

The problem is that the summons for court that they sent her had the wrong court date printed on it. A bench warrant was issued, and she was arrested for failure to appear in court because of the court's own mistake. She has the papers with the proof that there was an error made by the court, and they are still pinning the blame on her.

I'm curious what her legal options are, if any. Can the court be held liable at all for the error? Can the warrant/arrest be removed from her record? Can she take any action for the false arrest and imprisonment?

Can the whole case be dismissed for lack of probable cause? (The car doesn't have a loud exhaust, which was the reason the original officer made up for stopping her).

Any advice is appreciated!!!

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     Subject No Insurance

Date Tue Aug 19 2008 08:18

Author Maury D. Beaulier

her option would be to seek a hearing on Conditions of Release and provide documentaton of the courts error. In most cases, that would likelymean she is released with no bail.

If she lives in Minnesota, her vehicle should be registered in Minnesota and she must have insurance. The fact that she formerly lived in Wisconsin, is not a defense. That notwithstanding, in most cases, if she has a clean reocrd, the proseuctor will often agree to stay prosecution for a defined period based on certain conditions. Those conditions are likely to include providing proof of insurance and remaining law abiding. If that is done, the charges are ultimately dismissed.

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Subject Vehicle Forfeiture

Date Tue Aug 19 2008 16:57

Author Molly (m_collet@msn.com)

Can my car be forfeited if I get a 3rd DWI in my lifetime but not my 3rd in 10 years? I got a 2nd Degree Test Refusal, but I only have 1 prior in 10 years. My first DWI was 20 years ago. They are now trying to get my car.

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     Subject Forfeiture Possible

Date Wed Aug 20 2008 13:48

Author Maury D. Beaulier

The State may seek to retain the vehicle of a driver convicted of a DWI if:

  • The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
  • The new DWI violation is the 2nd offense in 10 years and the driver's blood alcohol concentration was greater than .20;
  • The new violation occurs with a Blood Alcohol concentration of .20 or more and there is child endangerment (child in the vehicle at the time of offense);
  • The new DWI violation is the 2nd offense and there is child endangerment (child in the vehicle at the time of offense);
  • The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

This is called a forfeiture action. In a forfeiture the state may retain the vehicle so long as any security interests against the vehicle are satisfied. No payment is made to the owner. In order to forfeit a vehicle the State must be able to demonstrate that the drunk driver is the registered owner of the vehicle or that the owner of the vehicle knew or should have known that the driver intended to use the vehicle unlawfully (while intoxicated or without a valid driver's license).

The defenses to a vehcile forfeiture action are numerous. However, the owner of the vehicle must challenge the forfeitiure within thirty (30) days of receiving a forfeiture notice. There is an innocent owner exception for some owners whose vehicle was being operated by a third party. Additionally, challenges to the stop and arrest may also be valid to challenge the vehicele forfeiture.

Given the short timelines, it is imperative that any vehicle owner contact an attorney experienced in such issues immediately. In many cases, a return of the vehicle with certain stipulations may be negotiated with the government body that is seeking to forfeit the car.

To challenge your Minnesota vehicle forfeiture call (612) 240-8005.



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     Subject forfit

Date Tue Aug 19 2008 18:23

Author Mike (Mike@here.com)

//correct me if i'm wrong// Yes, Refusing the test is one of the few aggravating factors. since u have one dui in 10, if u would have blown over .08... then you would have had a 3rd degree dwi. But because you refused the test, that aggravating factor brought it up to 2nd degree which your vehicle can be forfitted.... Question is due u owe more on the vehicle than it could be sold for. If so, they wont touch it. Also, the attorney's love to sell it back to you at a nice price.

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Subject Inquiry regarding Expungement

Date Thu Aug 21 2008 21:32

Author ?

Hi there,

I filed an expungement at the HCGC the other day regarding an expungement for a "dismissed" charge. The only thing on my record is one case with one case number. I plead to a DWI 0.08 Or more within 2 hours. There was an additional charge which was "dismissed" and this is the only charge I am pursuing.

What are the odds of say, the arresting police department, city attorney, other agents served, appealing something like this?

Thanks!

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     Subject Not Likely

Date Fri Aug 22 2008 09:02

Author Maury D. Beaulier

First, the law enforcement agencies do not appeal the matter. They may, however, file a challenge to the expungement.

Second, if the charge was dismissed, you are entitled to a statutory expungement by law. As a result, it is very unlikely that any challenges will be filed. You will still have the DWI conviction.

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         Subject In response

Date Fri Aug 22 2008 09:43

Author ?

Maury,

I do understand I will have the DWI. I was told to make it very clear since it's all one case, that I am only pursuing the "dismissed" charge, NOT the entire case. I was told pursuing "one charge" is very uncommon, it's usually the entire case in which someone is requesting expungement. As I know with DWI it "ain't gonna" happen, which I fully understand, but there was controversy that the agents served may not read it that way.

So, I noted on each page where needed that this request is ONLY for charge "B."

My hearing is in November, is there anything I need to prepare for?

Thanks!

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             Subject Sounds Like It is Proper

Date Fri Aug 22 2008 12:58

Author Maury D. Beaulier

There is nothing you need prepare for so long as your petition and supporting documentation was properly submitted. In cases of statutory expungements, where no objections are served or filed, I have occassionally had the Judge cancel the hearing and simply grant the expungement administratively.

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                 Subject Thank you...

Date Fri Aug 22 2008 16:05

Author ?

Maury,

Thank you, again for your responses. A few more inquiries:

If an agency DOES file a challenge will I have any notification of this?

If no agency files a challenge and the Judge decided to cancel the hearing - Would I be notified, or would I show up and be told it's been canceled and taken care of?

Unless I hear otherwise from the courts, I'll be there bright and early in November.

Thanks!

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                     Subject You did well

Date Fri Aug 22 2008 23:29

Author Maury D. Beaulier

Yes. You must be served with any response. Normally if it is cancelled the Judge's clerk calls. It is less likely when no attorney is involved.

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Subject Expungement-Domestic

Date Tue Aug 26 2008 11:44

Author Shelly (saschrader@mail.com)

In 2003 my plea was not accepted and was sentenced as a stay Adj. ... the charge was eventually dismissed but on my file it shows up as... "Domestic Assault plead guilty;found innocent; $100 stayed" ... I applied for a lab position at a factory and almost didnt get hired because of how this was worded on my record. I am currently attending school for Law and would like to know if it is worth getting this Expunged eventho certian law officials can still see this on my record. Your advice would be appreciated. Thank You!

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     Subject Expungement is Always Helpful

Date Tue Aug 26 2008 16:31

Author Maury D. Beaulier

If there was a Stay of Adjudication, then there was never a conviction. Of course,that depends on the remaining law abiding for the probationary period. If that occurs the charge is ultimately dismissed. If that occurs, you may be entitled to a statutory expungement by law where administrative and judicial records are sealed.

It is generally worth it to have such records expunged. That is particularly true for a charge of assault where even a fifth degree offense is considered serious. For most occupations it puts the record outside of public view. The exception would be for certain fields including law enforcement.

For a consultation call 612.240.8005

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Subject Disorderly Conduct

Date Thu Sep 4 2008 12:21

Author Worried

What happens if a 14yr old is charged with disorderly conduct? Received papers today but incident happened in March 2007 at school in which the 14yr old wrote a "hit list". 14yr old was expelled from school and went to another school for the rest of the year.
Court date is in Oct.
What happens now?
Any suggestions as what to do?
Thanks

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     Subject Stay of Prosecution

Date Thu Sep 4 2008 14:35

Author Maury D. Beaulier

It is a misdemanor charge and the likely result is payment of a fine and, perhaps some community service. However, in many cases, an attorney may seek a Stay of Adjudication or a Stay of Prosecution where there would be no conviction or record. Ask for that resolution at the court date.

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     Subject More info

Date Thu Sep 4 2008 13:11

Author Worried

the papers that came today were filed with county from 15yr old who's name was on list and they (14yrold and 15yrold) had a argument on the bus back in 07

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Subject Mail

Date Fri Sep 5 2008 15:12

Author August

mn
Is there anything can be done for a person who signs “Restricted mail?” This was restricted and certified mail.
I needed this person to sign for these legal documents. Since his mother signed for these document
Come to find out his mother signed for them, she is not listed anywhere on his mailing address.
Have any idea who to report this to?

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     Subject Not a Crime

Date Fri Sep 5 2008 22:50

Author Maury D. Beaulier

It is up to the person delivering the package to acquire the proper signature. You would be wise to use a prcess server if the document must get to a particular person.

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Subject 36 hour hold

Date Sat Sep 6 2008 19:32

Author Jen (klojk3@gmail)

I know someone who was picked up and arrested after getting in a domestic. It says he is being held due to 5th Degree Domestic with a 36 hour hold and is being held in jail until he sees a Judge. Can an attorney get him our sooner?

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     Subject Fifth Degree Assault

Date Sat Sep 6 2008 22:35

Author Maury D. Beaulier

A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. It can be a misdemeanor if a first offense or a gross misdemeanor if a second offense depending on the victim.

A fifth degree assault misdemeanor is punishable by up to 90 days in jail and a $1,000 fine. A fifth degree gross misdemeanor is punishable by up to 1 year in jail and a $3000 fine.

The person charged will often be held until the matter can be heard in court OR, if they have a lawyer, a request can be made to the on call Judge to set a bail so that the person can seek release before a court date. There is always a Judge on duty for such matters.

It should be noted that the collateral consequences of a conviction for assault are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assaulyt offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

Accordingly, an aggressive defense is often necessary. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

For a FREE consultation call 612.240.8005


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Subject 3rd Degree Assault by a Juvenile

Date Sun Sep 7 2008 07:30

Author Mom

My child, age 16, was recently charged with 3rd Degree Assault. How serious is this?

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     Subject Juvenile Felonies Are Serious

Date Sun Sep 7 2008 12:25

Author Maury D. Beaulier

The offense is very serious. Do not be fooled by the fact that it is in the juvenile system. Many people mistakenly believe that a juvenile record is not available after the juvenile becomes an adult. That is not true for many offenses, particularly felony offenses committed after the age of 15 where extended juvenile jurisdiction is likely.

Under Minnesota Statutes Sec. 260B.163, subd. 1, juvenile hearings are open to the public when the juvenile is 16 or 17 years old and charged with an offense that would be a felony if committed by an adult.

Extended juvenile jurisdiction hearings are those where the supervision of the juvenile extends beyond the 18th birthday. That is usually the case for felony charges. Such hearings are also open to the public even while the defendant is a juvenile.

Juvenile records are also generally private. However, when a juvenile aged 16 or 17 is charged with a felony, the juvenile court records are public. That is true even if the juvenile pleads to a lesser charge that is not a felony or if the charge is dismissed.

Juvenile records are always accessible to himan services licensing and background studies under Minnesota Statutes Sec. 245A and C. The end result is that even a juvenile record can prevent a person from obtaining a job in certain fields as an adult. That is particularly true of any positions in the medical field.

A third degree assault is very serious. It requires that the person committed an assault where there was substantial bodily harm. It is punishable by imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

An aggressive defense is important. For a FREE consultation call 612.240.8005.

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         Subject 3rd Degree Assault by a Juvenile

Date Wed Sep 10 2008 04:24

Author Mom

What constitutes substantial bodily harm? If someone "May or may not"have passed out briefly, but is able to attend a football game 3 hours later can they still say there was substantial bodily harm?

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             Subject Arguable Point

Date Wed Sep 10 2008 10:21

Author Maury D. Beaulier

There is no absolute answer to the question and it is an arguable issue. Certainly, blacking out would seem to be a significant injury. You should retain counsel.

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Subject Driving after cancelation

Date Mon Sep 8 2008 09:04

Author Jacob

Hello, I was wondering what the consequences would be if I were to be caught driving after my license was canceled? I guess I could get up to 90 days in jail, but could they confiscate my vehicle or would they just issue me a ticket for a court date? Also, what is your experience, on a first time offense of driving after cancelation would they give a full 90 days or what is your opinion? Thanks in advance with your opinion!

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     Subject Driving After Cancellation

Date Mon Sep 8 2008 20:02

Author Maury D. Beaulier

There is no forfeiture of vehicle, but may Judges will impose jail time if convicted. That is particularly true in ramsey county where 30 days is not unusual. It would also be a violation of probation if the license is cancelled on a DWI and you are on probation. that means the court on the underlying offense can also impose a jail sentence up to any time stayed.

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         Subject Military help

Date Wed Mar 25 2009 19:37

Author ( )

MINNESOTA I have returned from Iraq and I have struggled to readjust with depression, anxiety, Post Traumatic Stress Disorder – PTSD and hiding substance abuse to sleep and deal with dreams

I have completed every requirement that Public Safety requires except for 3 years of sobriety, I am no longer on probation and I have no outstanding legal issue. I do not drink alcohol and continue to get help for my depression, anxiety and PTSD.

Can I ask a hypothetical question? Worst case scenario: I am pulled over for no front license plate on a vehicle owned by someone else. What happens to me? What happens to the vehicle? What is the fine? No alcohol involved and I would be in a military uniform conducting deployment preparation business (and I know this would not matter). What is the worst case that would happen to me?

What judge would I go back in front of?





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Subject Drug Charge?

Date Mon Sep 8 2008 11:28

Author Julie Culp (pamcul@hotmail.com)

This past January (08), my daughter had a run-in with the law! She was asleep in her apartment. When the police came with a with a search warrant. The mgmt of the apartment, let them in. While searching the apartment, they found some pot, baggies, scale and as the police report states a baggie with trace of cocaine in a coffee table in a common area, the living room. The pot was hers. The cocaine was not hers, it was acaintquances. Which i truely believe! When the officer asked who did it belong to? She was scared didnt want to get anyone in trouble. So with a "whatever' mad scared attitude, she said it was hers. She proceeded to work with the Metro Drug Taske Force, and showed them where she believed the drugs came from. This past Friday, she receives a letter from the county, stating she is being charged with a felony drug charge. In the letter they sent,it does a "trace" of cocaine. What is the law as to how much do you have to have in your possession to be charged with a drug felony?? Also, does it matter it was in a common area? Although her and her boyfriends are the only ones on the lease,but of course other people stay there. Any help is appreciated.

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     Subject Defenses to Drug Charge

Date Mon Sep 8 2008 20:06

Author Maury D. Beaulier

First, it is unwise to make any statements to police, whether it is sarcastically or otherwise. Nonetheless, it would appear that your friend may already have been in custody when questions were asked and, as a result, her comments may likely be suppressed.

Second, the question of dominion and control over the cocaine is a critical issue. It would provide a strong challenge if its presence was not obvious.

Third, often the probable cause that resulted in the search warrant can be challenged. If the warrant was not supported, then the evidence can be suppressed and charges dismissed.

Finally, any amount of cocaine, even trace residue, would result in a fifth degree felony possession charge. That is true whether she assisted police or not.

A conviction, may have a significant consequence in addition to prison sentences and fines. A person convicted of a felony drug charge would likely be unable to find employment in any position where a background check is required. They would also be precluded from working in any medical facility or a licensed at a daycare.

Based on the email, it would seem that there are some very strong defenses. Often an aggressive defense can result in no criminal record at the end of a case.

For a FREE consultation call 612.240.8005.

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         Subject delivery of a controlled subst/countfeit

Date Sat Nov 8 2008 21:11

Author johnie r. williams (johnie_danger@yahoo.com)

I WAS ARRESTED AND INDICTED FOR SELLING A COUNTERFEIT SUBSTANCE,AND THIS SUBST. WAS AN OVER THE COUNTER MED.(PAMPRIN);HOWEVER,THE ARRESTING AGENCY TESTED IT AND IT TESTED POSITIVE FOR COCAINE?AND I WAS CHARGED AND DETAINED FOR SEVERAL MONTHS IN THE FEDERAL COURTS FOR CONSPRACY,AND 2 COUNTS OF DISTRIBUTION.THIS SHOULD OF NEVER HAPPENED.THE GOV.FINALLY DROPPED THE CGARES DUE TO THE FACTS OF LAW THAT THIS WAS'NT A CONTROLLED SUBST. I FIND IT HARD TO BELIEVE THAT THE LOCAL POLICE LIED TO THE GRANDJURY ABOUT THE SUBSTANCE TO OBTAIN A CONVICTION BY USING PROFESSIONAL MISCONDUCT AND/OR NEGLIGENCE.WHAT DO I DO ?

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Subject Attorney

Date Thu Sep 11 2008 08:01

Author ann

If your attorney files for a withdrawal, can we apply for free legal aid? How does a person request free legal from the courts?
Already got an IFP.

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     Subject Public Defender

Date Thu Sep 11 2008 08:47

Author Maury D. Beaulier

In a criminal case, you may apply for a public defender who would be appointed if you qualify financially

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Subject Federal cases

Date Fri Sep 12 2008 07:47

Author andrew

mn. Is there a place to look up federal cases on the internet?
I have found the public access to records, but nothing for federal cases.

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     Subject Not with Paid Subscription

Date Fri Sep 12 2008 13:19

Author Maury D. Beaulier

There is no place where you can conveniently search federal case law unless you purchase a subscription to wwstlaw or lexis/nexis. You can find scattered cases on findlaw.com, but you must remember that the law is different in different federal districts.

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Subject My rights

Date Tue Sep 16 2008 22:02

Author dan

Enter your message here. Minnesota
To have a deposition done do they need a court order for that?

How will I know what questions are going to asked? Do I have to answer all questions? Can I plead the fifth? I find out today, that my so called legal guy will not be present. I do not want to do this by myself. Can my attorney request for a day he can be available?

Two Attorney’s working against me in two different cases.
These two attorneys are sharing information. Example: in court the one attorney asked for a mediator, we agreed, come to find out the mediator works for the other attorney. So we got a different one.

One attorney in one county wants a disposition taken and he wants the other attorney from a different county to do a deposition the same day.

If I do this I want it done in the County where the case is filed.

Now there might be a evaluation done, and than this one attorney will have a chance to submit question she wants answers to. Is that not a deposition?

What are the State laws on taking a deposition?

Sorry for so many questions.

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     Subject Civil Case

Date Wed Sep 17 2008 11:24

Author Maury D. Beaulier

To have a deposition done do they need a court order for that?

In a criminal case, you must seek court permission unless the person being deposed voluntarily agrees to it. In a civil case, no permissionis necessary. A person can be subpoenaed or, if a party, a Notice of Deposition is served.

How will I know what questions are going to asked?

I am not sure I understand. If you are being deposed, you won't know until they are asked.

Do I have to answer all questions?

That depends on the question. A court can order you to answer questins if you do not.

Can I plead the fifth?

Yes. If the answer has a tendency to incriminate you in a criminal matter.

I have no idea what a "so called legal guy" may be. I assume that you mean your attorney. Certainly, your attorney may request a rescheduled date.

It is certainly not unusual to schedule two depeosiions at the same time, to reduce costs. There is nothing inapproriate about that.

Now there might be a evaluation done, and than this one attorney will have a chance to submit question she wants answers to. Is that not a deposition?

No. Based on your questions, it appars that this is a civil and not a criminal case. That means your question is posted on the wrong board. That notwithstanding, submitting a list of questions is not a deposition. It is a form of discovery called "interrogatories."

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Subject My rights

Date Wed Sep 17 2008 10:24

Author dan

Continue from prior post. How can I request Interrogtories, formal set of written questions, Request for Further Information? Instead of a deposition. Does this request get sent to the District court to get and order?

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     Subject Discovery

Date Wed Sep 17 2008 11:36

Author Maury D. Beaulier

You draft interrogatories that are relevant to the issues in your case and you serve them on opposing counsel.

There is no such thing as a "Request for Further Information." I assume you mean a "Request for Production of Documents" also called "Document Requests." The process is the same, you draft a Request which seeks documentation relevant to the case and serve it on opposing counsel.

Neither document is filed in court.

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         Subject NOT in Criminal Cases

Date Wed Sep 17 2008 21:32

Author Maury D. Beaulier

Also discovery such as interrogatories and document requests are ONLY allowed in civil cases, not criminal cases.

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Subject WI sexual assault law question

Date Sun Sep 21 2008 18:11

Author Ann

What does it mean when you are charged with "sexual assault, attempted third degree rape"?

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     Subject Wisconsin Thrid Degree Sexual Assault

Date Sun Sep 21 2008 23:36

Author Maury D. Beaulier

I am not sure what you are looking for. Under Wisconsin statutes a third degree sexual assault is defined as follows:

"Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.

With no prior record, it is punishable by up to 10 years in prison and a $25,000 fine.

It is obviously a very serious offense and requires aggressive representation

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         Subject changed the charges in WI

Date Thu Sep 25 2008 17:32

Author Ann

First he was charged with attempted 3rd degree rape and criminal damage to property and by the time the bond hearding happened, he was being charged with 3rd and 4th degree sexual assault.

It in includes a husband/wife who invite another person over to "watch movies and listen to music" at the couples' home.

All three pass out. The third guy wakes up and tries to leave. He opens a few doors because it is dark and he has never been there before and he is so drunk he can't remember where the exit door is.

He goes and checks on the husband...passed out cold.
He goes into a room with a bed and lays down not realizing right away that the wife was there. Je rubs her arms and legs to wake her up (like you do to a kid to wake them up) to ask how to get out and to let her know he is leaving.

He is on top of covers, she undereneath...both clothed.

She reaches behind (as if it were her husband coming to bed) and feel short versus long hair. The guy asks her twice if she knows who it is...both time she replies she thinks it is her husband and oth time the guy says...no it's ***...how do I get out of here?

She freaks out and starts running about the apartment screaming that her husband to wake up.

The guy leaves because he doesn't know what is going to happen as they are all passed-out drunk.

She files a police report saying he was molesting her breasts, stomach, neck and eventually placed his fingers in her vagina.

According to other guy, his first story of wanting to leave remains.

The apartment was in normal condition when he left and he was gone before police arrived.

Police arrive 4:49am when alleged incident occerred at 4:40am. She had a written statement prepared already when the police arrived.

The alleged suspect wasn't there at 4:30am, he was another place by 3:30am.

Apparently that doen't matter anymore because he adnitted to police he had been at the residence and had been in the bed but the quuestion that remains is...WHAT happened, not when.

Three drunksas witnesses, no DNA or physical evidence and no priors on his record.

What would you tell your client based on this extremely limited info?

Thanks,
Ann

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             Subject Criminl Sexual Assault in Wisconsin

Date

Author Maury D. Beaulier

I would say that the criminal charges are very serious and can result in a lastting record where the person must report as a criminal sexual offender and whre prision time is possible.

I would say that it is likely a case that would go to trial since cases may proceed to trial on circumstantial evidence. Additionally, trial is always a precarious situation because you never really know what jurors will find important, who they will find credible or what they will decide their case on. In other words, trial comes with great risks.

With all of that said, the case appears weak. The evidence is circumstantial, the testimony seemingly inconsistent and the witnesses impaired. Most jurors take their jobs very seriously, and, if the evidence lays out at trial as it is related in the post, there would certainly appear to be substantial room for jurors to find reasonable doubt of guilt.

I would discuss the possibility of a polygraph. Though not generally admissible incourt, they can be agreed upon as admisssible by the prosecutor and defense. Moreover, soem prosecutors will agree to dismiss weak cases if there is a polygraph that indicates the events related by the witness may not have occurred. A private investigator would also be critical to speak with others thatt hte victim may know, determine whethr she has related different or inconsistent stories to others. Other defenses and methods of investigation may become more apparent after reviewing all discovery.

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                 Subject Some minor inconsistencies

Date

Author Ann

In the criminal complaint, the alleged victim made two references to the alleged event and while both were quite similar there was a change in the sequence of events in the second "telling" of the story.

Also, the alleged perp was intoxicated when questioned by police, although this was not documented in the complaint.

Both stories of complainant and perp were similar with the exception that the alleged victim describes additional acts. I do not find this to be reasonable as the claim was that as soon as the victim discovered it was not who she thought it was, she immediately jumped up and ran from the room. But then in another part of the complaint she indicates she took the time to reach around and touch the back of the person's neck to discover a different length of hair than of the person she was expecting it to be after the alleged perp asked if "she knew who this is".

I wonder with the level of intoxication (which was quite high apparently) at the time of the alleged incident and the fact that the alleged perp was also intoxicated when questioned (without counsel present...could that be construed that he was not capable of making a reliable statement?) what the DA will really do with this case?

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                     Subject Likely a Trial Issue

Date Sat Sep 27 2008 22:25

Author Maury D. Beaulier

The intoxication can be used to make arguments at trial. It would not likely result in a dismissal of the case or even suppression of the statements and, ultimately, a jury would determine which witness is more credible.

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                         Subject Spoke with my divorce atty about this

Date Mon Sep 29 2008 19:45

Author Ann

Of all people, I talked this over with my divorce attorney who is also a criminal defense attorney and asked about what could or may happen at the prelim hearing.

The jist of what I got was that he will make his plea, there may be some testimony (apparently to give the DA an idea as to how she would do on the stand if it goes to trial) and possibly even some evidence brought out.

I am really interested in seeing if she went to the hospital to be checked for DNA but he doesn't think she had the nurse whatever-it-is test (can't recall the acronym he used but not a "rape" kit) because it didn't involve semen, just the possibility of finding DNA from skin cells/skin oils to determine if he really did touch where she says he did.

What seems odd to me is that he was out of there by 3am but the call to police was not placed until 4:30am. Is it common for victims to wait an hour to call? Also, he was initially charged with attempted 3rd degree sexual assault and criminal damage to property (read the crim. complaint...says the "movie room" was trashed) but then the charges for the property were dropped off and the 4th degree put in its place. Is it just me or is that odd? He supposedly trashed a room and attempted to rape someone...why drop the damage charge and not just add the 4th degree charge? The police saw the room was trashed so why not go after him for everything they can?

I have a feeling there is more to the victim's life than what we know. She has made comments as to how miserable she is being married to her husband, has propositioned other men within earshot of her husband...even left a voicemail to another man about a very graphic sexual thing she was going to do if he didn't get down to the bar by her the night all this happened. I just wonder if they put a PI and a lie detector on her if it would come out that she hasn't been faithful and her story is a bunch of lies to cover something up with her and her husband. I'm wondering if the reason why the cops weren't called right away was because those two got into it and HE trashed the room and someone from outside the apartment called the cops, hearing all the commotion, and they decided to concoct a story so the husband wouldn't get arrested for disorderly conduct...just gotta wonder. Who knows what kind of marriage they have or what kind of guy he is? Maybe he went nuts when she told him this guy had been in the bed and being so drunk just lost it and made assumptions and tore up the place.

The courts don't seem to make a habit of trying to look for something that may not be there and take sexual assault charges extremely serious. Not looking to convict people without being REALLY sure something happened...

Guess we will see about that on Thursday.

Actually, one more question...if it is found that these two did, in fact, totally lie and made it all up could the accused take them to civil court to try to recuperate lost wages and any other expenses associated with it?

Thanks...you are a gem!!!

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                             Subject Crim Sex

Date Tue Sep 30 2008 09:53

Author Maury D. Beaulier

Certainly the timing issues as to when the alleged assault occurred and when a report was made are critical. A defense attorney will make a tight timeline through testimony and argue those inconsistencies.

I don't have any idea why the charges were changed. On its face, it would appear that the DA may not have had great confidence in the original charges.

If it can be proven that the story was concocted, there would be a viable civil lawsuit. However, fighting criminal charges successfully does not equate to being able to prove fraudulent allegations. The evidence would have to be very strong. In most instances, it is unlikely.

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Subject Cancelled due to DWI

Date Sun Sep 28 2008 20:28

Author Brenda B. (seventhstentry@aol.com)

Hello, I seem to be confused on an issue regarding a limited license after 6 months with a cancelled inimical. I have read in a couple of different places on the internet, that with the interlock installed on your vehicle in MN, and completion of probationary terms (treatment and participation in AA)....that you may be eligible for limited license. Is the issue that Minnesota does not have an approved interlock device at this time? Or is this a possibility for me? I did not participate in DWI court, nor was I asked if I wanted to. Shall I check into this with the DMV or is it null? I'm past 6 months, finished all requirements and participating in AA....9 months alcohol free. Unlike some of the posts re: cancellation I've read, I'm truly grateful that they're giving me the opportunity to get my license back at some point after a year....public transpo. in MN is horrible when you live in the burbs. Some states (many) will pull your license for at least 3 years on the 2nd DWI. We're actually fortunate and as for the "B" card, who cares? If you're involved in 3 DWI's you have a problem whether you're an alcoholic or you are abusing alcohol. Get help, be done with it and get the monkey off your back.

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     Subject Alcohol Interlock

Date Mon Sep 29 2008 21:00

Author Maury D. Beaulier

Minnesota does have an alcohol interlock program and there are two counties where there is an additional pilot program, (Hennepin and Beltrami).

The alcohol interlock program allows qualified individuals to shorten the time period for a limited license and a full license. the amount of the reduction depends on the number of offenses and rehabilittaions.

For information call Emil Carlson-Clark at 612 348-6871

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         Subject Thank You

Date Wed Oct 1 2008 10:30

Author Brenda B. (seventhstentry@aol.com)

You seem to be the only one with all the answers. Valuable information...I appreciate it.

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Subject Reopening Old DWI case

Date Mon Sep 29 2008 11:33

Author Sean (Socl2du@gmail.com)

I was wondering what I would need to do in order to reopen an old 4th DWI case I pled guilty to 6 years ago in Minnesota. I haven't had any other offenses. I successfully completed probation 5 years ago. I was just barely over the legal limit but now wish I had gotten the conviction amended to Carelesss Driving because I can't get into Canada (and I may need to go to Canada for work reasons). Can I bring a motion to reopen it or is there a way to have the Court set a hearing for the charge to be amended? Is this a waste of time?

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     Subject No Amendement Likely

Date

Author Maury D. Beaulier

If you entered a plea of guilty, it cannot be "reopened." It also cannot be expunged. I am arraid it remains on your record indefinitely and can be used to enhance a subsequent DWI for 10 years after the first.

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Subject file

Date Wed Oct 1 2008 11:40

Author dad

I have had a misdemeanor on my record. I thought after seven years it was to be gone.
Is there a form that needs to be filed with the courts to clear it?

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     Subject Criminal Records Remain

Date Thu Oct 2 2008 23:07

Author Maury D. Beaulier

I am a fraid that you were misimformed. Any criminal conviction, whether a misdemeanolr, gross misdemeanor or felony remains on your record indefinitely.

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Subject Assualt in the third degree

Date Wed Oct 1 2008 12:55

Author napualani (na.pualani@live.com)

I have been charged with assualt in the third, however the charge does not fit what happened. What is substantial bodily harm? Is it harm to the body that would require hospitilization, could a scratch or bruise be constituted as substantial bodily harm? What id substantial bodily harm?

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     Subject Substantial Bodily Harm

Date Thu Oct 2 2008 23:09

Author Maury D. Beaulier

The courts have defined substantial bodily harm as
bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. A loss of consciousness, for example, may be substantial bodily harm. A scar may be substantial bodilly harm. Stitches and broken bones would constitute substantial bodiuly harm. A bruise arguably is substantial bodily harms since it is temporal and disfigurment, although it seems a bit of a stretch. A hoarse voice from strangyulation may be substantial bodily harm.

For a consultation call 612.240.8005


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Subject Resisting Arrest

Date Wed Oct 1 2008 13:03

Author napualani (na.pualani@live.com)

After told your being arrested. You can ask such a question as wait a minute. My 17 month old was there. I had a cigarette in my hand. I wanted to ask questions such as what they were going to do with him, where they going to call ocs, can I call someone to pick him up, what do you want me to do with the cigarette, how come I'm the one being arrested she stole from me in my house. I didn't get to ask or say anything else before he grabbed my arm it was total reflex.

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     Subject obstruction

Date Fri Oct 3 2008 00:55

Author mike (here@there)

It sounds like the officers informed him he was under arrest and he then started resisting by not complying with their orders and asking questions and swinging once they grabbed his arms. Once an officer states those words "under arrest" any action (use the word 'any' lightly) that hinder the officers in acting to secure you could, and by the sounds of ur post, did obstruct in the leagal process.

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     Subject Unclear Question

Date Thu Oct 2 2008 23:14

Author Maury D. Beaulier

I am not sure what question you may have. You can ask any question you like as you are arrested. That does not mean an officer must answer.

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Subject False accusations and child abuse.

Date Wed Oct 15 2008 22:53

Author AL (fredgreen_m16@yahoo.com)

My friend was accused of "maltreatment of a minor" (his 8yr old daughter) and is being restrained from seeing both his daughters. Some people (Child Services, I believe) from the county they live in came and asked him some questions and have decided that he is guilty. The police have taken some of his bedding but have not given him any information as to what is happening with the case. He has not been charged. He called to see about a hearing and was told to have his lawyer call and then was hung up on. My friend does not have money for a lawyer and was told he could not get a Public Defender unless charged. Since this started a yr ago his daughters have been taken away from their mother because of physical abuse and my friend has been told that the county is going to continue the restraining order on him until the girls are 18. This does not seem right to me that they can decide he is guilty without a trial. He has not admitted to doing any such thing to either daughter and in fact denies the allegation.

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     Subject Determination of Maltreatment is Civil

Date Wed Oct 15 2008 23:18

Author Maury D. Beaulier

A determination of maltreatment is a civil finding and not criminal. To challenge the finding, the person must seek an evidentiary hearing from the Department of Human Services within thirty (30) days of the finding, or within ninety (90) days if the Administrative Law Judge finds that there is a good reason to extend the filing. If it is not challenged within that time frame, there are few remedies.

Ther person who is determined to have committed the maltreatment is given a notice of the determination along with a notification how it may affect certain employment, particularly in the health care field. They are also provided information as to how they may seek a hearing. Failing to read the notice and follow the instructions is very unforgiving.

Since it is not a criminal proceeding, there is no right to a public defender. If an evidentiary hearing is requested, the department must prove the maltreatment occurred by a clear and convincing evidentiary standard. This is a very high standard and often difficult to meet.

For a consultation call 612.240.8005

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Subject Assault of a child or just a fight?

Date Wed Oct 22 2008 20:05

Author Mom (nova273@mchsi.com)

in Minnesota, is a 14 year old a "child" or a "minor"? My son was in a fight and is being charged with assault of a 14 year old. He is 16.

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     Subject Assault by Minor on Minor

Date Wed Oct 22 2008 21:22

Author Maury D. Beaulier

A fourteen year old and a 16 year old are children and minors. That does not mean that they cannot be charged with an assault offense. or that it will not impact their adult record. Often, at the age of 16m, they may be looking at extended juvenile jurisdiction whcih can mean the offense shows up oin a background search as a n adult.

A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assaulyt offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

For a FREE consultation call 612.240.8005


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Subject Pleading guilty

Date Mon Nov 3 2008 16:36

Author Michelle (hayanjangmi@hotmail.com)

I just received my first 4th degree DWI in MN. BAC( .13)I feel terrible. I made the decision to drive after drinking tons of water, eating a lot of food, and waiting over an hour from the last drink. I felt fine (albeit tired) and I didn't think I could still be over the limit, but apparently I have the worst oxidation rate in MN. I don't think there is any reason I could have it dismissed or reduced... it is what it is. I plan to plead guilty. Running the risk of sounding naive here, but do I have any chance of asking for leniency from the judge based on the tame circumstances of the night, my previously clean record and my generally non-risky lifestyle? Can I ask for alternative punishments (i.e. community service, court-ordered sobriety) or any such thing?

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     Subject DWI Offense

Date Tue Nov 4 2008 09:23

Author Maury D. Beaulier

There are many challenges to a DWI. Unless you deal with the facts or legal issues in such cases on a regular basis, you would not recognize the available challenges. That is something people ignore when they decide to proceed unrepresented.

It is also true that weakenesses exploited in cases may often result in a reduced charge that keeps a DWI off the driving a and criminal record.

Sentences from Judges vary by individual, Judge and county. the sentences do not vary mcuh based on facts such as those you present in your post.

For a FREE consultation call 612.240.8005.

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         Subject Thank you

Date Tue Nov 4 2008 17:13

Author Michelle (hayanjangmi@hotmail.com)

Thanks for your response. It feels very good to have someone listen. I think I will call in and see what a lawyer in my area thinks. It's too bad you're so far away.

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             Subject scenario

Date Thu Nov 6 2008 22:09

Author Michelle (hayanjangmi@hotmail.com)

Would you be able to give me any sort of insight into the following defense? I am going to consult with a lawyer next week. From an initial brief telephone conversation, he thought that my passenger, who blew straight 0's, might be able to serve as a sobriety witness, testifying that I did not drive erratically enough to warrant being pulled over. Both my passengers say they did not notice anything unusual about my driving, nor did my husband who followed me in a second car. Does this give me any leverage in court? And on a completely different note, have I already skewered my chances at successfully fighting this charge by completing the DWI test at the DMV? I have not yet paid to reinstate my license.

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                 Subject Credibility

Date Fri Nov 7 2008 02:18

Author Maury D. Beaulier

Taking the test or paying the reinstatement fee does not in any way harm your defenses in a DWI case.

A Judge must make credibility determinations regarding whether the officer had the requisite reasonable suspicion to stop your vehicle. Having two witnesses certainly is helpful. The officer may also have had a video camera in the car. That type of evidence you will not discover unless you contestthe citation.

If this is a matter in the surrounding countiues of the twin cities, we can assist. Call 612.240.8005.

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Subject Juvenile issue

Date Wed Nov 19 2008 10:17

Author Mom (moninmn@live.com)

A friend of mine has a 17 year old son that decided to raise some h*ll the other night. He took a pot-shot at a random car with a pellet gun. Guy in the car jumps out and the kid took another shot at the guy, then turned and ran. Turns out the guy in the car was an off duty police officer. Mom was pretty shook up, so we don't know the actual charges, but the call to Mom said he is now facing 3 felony counts. He's been told he will be tried as an adult. (At least I think that's what happened, she wasn't clear on the details.)

Mom is asking every one she knows what the end results may be. Obviously we are just speculating at this point, but if anyone can give me a clue what may happen to this boy, I'd be happy to pass it on to her

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     Subject Assault

Date Wed Nov 19 2008 22:04

Author Maury D. Beaulier

Enter your message here.t is likely a second degree assault, which is very serious. If tried as an adult, it can carry withit significant jail sentences.

For a consultation call 612.240.8005.

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         Subject What is significant?

Date Thu Nov 20 2008 06:04

Author Mom (moninmn@live.com)

What is significant? Years?

Also, if he is tried as an adult would he be sent to an adult prison? Or would he be sent to a juvenile facility?

I will pass on your phone number and recommend she gets a lawyer

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             Subject Second Degree Assault

Date Thu Nov 20 2008 14:47

Author Maury D. Beaulier

A second degree assault under Minnesota Statutes 609.222 carries with it maximum penalties of up to seven years in prision and a $20,000 fine. The presumptive sentence, depending on prior record, could certainly years. If he is tried as an adult and convicted as an adult, he would serve time in an adult facility.


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Subject Motion Hearing

Date Tue Nov 25 2008 11:52

Author T

Hello,

On Friday, November 7th I had a Motion Hearing regarding an expungement for a dismissed charge and was told by the Judge "We'll try and get something out to you sometime soon" - I have yet to receive any notification, I was wondering how long it can generally take to receive a letter?

Thank you.

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     Subject 90 days

Date Tue Nov 25 2008 14:14

Author Maury D. Beaulier

You would receive an Order, not a letter, and the Judge has up to 90 days to consider the matter from date of the last submission.

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         Subject Re: Motion Hearing

Date Thu Dec 4 2008 15:54

Author T

Denied. Not a surprise since I ran into the Prosecutor in the Government Center lobby before the hearing ("You're not ___________ are you?", "Sure am") Classic. Anyway, due to "Defendant is on probation for this offense" Well, really I'm on probation for what I was convicted of and sentenced for, a DWI, not the dismissed charge.

Second reason - "It would be too much of a burden for the state to expunge ONE charge when there are three counts" - I was only convicted of the DWI .08 within 2 hours.

If the state can't handle pushing papers, aren't they in the wrong field?

Just wondering if I may be able to try again following the end of probation, or what, if anything may be possible.

Thanks!

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             Subject No Likely Change

Date Fri Dec 5 2008 01:40

Author Maury D. Beaulier

If denied, it is dispositive. That means no real likelihood of a change.

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Subject health issues

Date Fri Dec 5 2008 07:49

Author Upset

I found out this person has std, he is going around like the king of the world. Now my daughter has this for the rest of her life. Since this is a health risk can he be charged with anything. Can the State contact him about this?
By keep passing it on is very scary and damaging.

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     Subject Possible Criminal Charge

Date Fri Dec 5 2008 08:38

Author Maury D. Beaulier

It can be a criminal offense under Minnesota Statutes though it is rarely charged. The person must have know that htey had a communicable disease and failed to inform the other party.

The Statute is below.

609.2241 KNOWING TRANSFER OF COMMUNICABLE DISEASE.
Subdivision 1.Definitions.As used in this section, the following terms have the meanings given:

(a) "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death; the infectious agent of which may pass or be carried from the body of one person to the body of another through direct transmission.

(b) "Direct transmission" means predominately sexual or blood-borne transmission.

(c) "A person who knowingly harbors an infectious agent" refers to a person who receives from a physician or other health professional:

(1) advice that the person harbors an infectious agent for a communicable disease;

(2) educational information about behavior which might transmit the infectious agent; and

(3) instruction of practical means of preventing such transmission.

(d) "Transfer" means to engage in behavior that has been demonstrated epidemiologically to be a mode of direct transmission of an infectious agent which causes the communicable disease.

(e) "Sexual penetration" means any of the acts listed in section 609.341, subdivision 12, when the acts described are committed without the use of a latex or other effective barrier.

Subd. 2.Crime.It is a crime, which may be prosecuted under section 609.17, 609.185, 609.19, 609.221, 609.222, 609.223, 609.2231, or 609.224, for a person who knowingly harbors an infectious agent to transfer, if the crime involved:

(1) sexual penetration with another person without having first informed the other person that the person has a communicable disease;

(2) transfer of blood, sperm, organs, or tissue, except as deemed necessary for medical research or if disclosed on donor screening forms; or

(3) sharing of nonsterile syringes or needles for the purpose of injecting drugs.

Subd. 3.Affirmative defense.It is an affirmative defense to prosecution, if it is proven by a preponderance of the evidence, that:

(1) the person who knowingly harbors an infectious agent for a communicable disease took practical means to prevent transmission as advised by a physician or other health professional; or

(2) the person who knowingly harbors an infectious agent for a communicable disease is a health care provider who was following professionally accepted infection control procedures.

Nothing in this section shall be construed to be a defense to a criminal prosecution that does not allege a violation of subdivision 2.

Subd. 4.Health Department data.Data protected by section 13.3805, subdivision 1, and information collected as part of a Health Department investigation under sections 144.4171 to 144.4186 may not be accessed or subpoenaed by law enforcement authorities or prosecutors without the consent of the subject of the data.



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Subject Guidness please

Date Tue Dec 9 2008 12:15

Author anna

mn. There is this stillwater inmate has been leaving verbal and abusive messages on my cellphone and my grandson's phone.
He has been charged with everything you can imagine, finally got put in prison for attempting to kill, shoot a police officer, for some reason he is in badly in love with my daughter, which she did befriended him 6 months ago, he is a sibling to her co worker, in the 3 months this guy has became a real nut case. I found out about his background and now I am his number one target. He keeps telling my daughter, you -uck with me, I have connections to hurt you your children,and family threats continue.
I want this to stop, I have many grandchildren in my home, none of them are his, The last thing was last night when I told my daughter to get off the phone " tells me to shout my -ucking month or she get hers."
I have tried to block the numbers he is calling from "Stillwater correctional" he still gets through.
His charges are from domestic abuse, theif, stolen property, child abuse, sexually abuse, DUI, drive by, attempted murder. I fear for the safety of my family, I'm tried of him saying your going to get it, if you cross me, I owe him nothing.
I want these phone calls to stop.
Do I contact Stillwater, probation officer what?

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     Subject Restraining Order

Date Tue Dec 9 2008 13:45

Author Maury D. Beaulier

Seek a harrassment restraining order. He can be served in prision with that order. If he then calls your home, he can be charged with an additional criminal offense. Contacting the probation officer is also an option.

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         Subject County

Date Tue Dec 9 2008 14:39

Author anna

Hennepin, mn, Do I file in the county I live in? Will he than be able to come to court?

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             Subject In Your County

Date Tue Dec 9 2008 16:01

Author Maury D. Beaulier

You may file in your county. He can file a Motion to appear, but it is not likely.

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                 Subject HRO

Date Tue Dec 9 2008 19:33

Author anna

I surely would not like to meet him in the public, has been locked up now for two years just for his last assualt and trying to kill a police Officer, very dangerous person.
So if the chance is that he will appear really scares me. Because of his threats with his friends on the outside.
Have to think about this.
Our neighbor was just killed by her husband who had a restraining order on him.

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                     Subject Littel Risk if Locked Up

Date Wed Dec 10 2008 23:38

Author Maury D. Beaulier

If he is locked up, he would require a police escort and have cufss on for any appearance. There is little risk. It is a pretty good bet he would not appear.

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Subject HRO another question

Date Tue Dec 9 2008 19:36

Author anna

Could I go to the County Attorney to see if they would help?
Just a thought.

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     Subject Police Report

Date Wed Dec 10 2008 23:39

Author Maury D. Beaulier

You can report it to police who can warn him off or send charges to the county attorney if they believe terroristic threats have been made.

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Subject 5th degree juvenile assault citation

Date Wed Dec 10 2008 12:18

Author Jon Dennis (jontdennis@gmail.com)

So my son is on the bus yesterday and exchanges words with another kid, he hits the kid and then sits down the other kid jumps on him and they get seperated and ride home in seperate seats.
Today my son got a citation for 5th degree assault. he's 14 and my ex wife and i are not notified until after thefact that the kids were questioned and cited by a sheriff's deputy. ....I am currious as to what options i have now that I will be going to court with him.

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     Subject 5th Degree Assault - Juvenile Under 16

Date Wed Dec 10 2008 23:40

Author Maury D. Beaulier

Do not be folled by the fact that your son is a juvenile. A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. In the juevenile system, the likely consequences depend on whether the child has prior run ins with the law and the preceise allegations of the case. he could certainly be adjudicated delinquent, required to attend anger management clasees, restrained from any activities involving the other child and required to perform community service. Juvenile detention is also possible.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

For a FREE consultation call 612.240.8005


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Subject Expingement

Date Wed Dec 10 2008 14:03

Author Jacob

Hello Maury,
I know there is no expungement or pardon for a DUI, my question is this though. Could a person seek a expungement or pardon for a B card violation?

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     Subject b Card

Date Wed Dec 10 2008 23:43

Author Maury D. Beaulier

I am afraid not. Those too are enhanceable and, as you may know, the B card lasts forever in this state.

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Subject Alfred plea

Date Mon Dec 29 2008 19:54

Author eric

MN. Does Mn have the Alfred Plea?

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     Subject Alford Plea

Date Mon Dec 29 2008 20:22

Author Maury D. Beaulier

Yes. An Alford Plea is a plea where the defendant agrees that there is sufficient evidence to convict them at trial. As a result, the person is convicted by the court and is senmtenced as if there was a guilty plea. It is a plea that is available in Minnesota with an agreement of the prosecutor.

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Subject Qualifying for expungement

Date Fri Jan 16 2009 14:58

Author jcferret (jcferret@hotmail.com)

I have a 3rd degree burglary conviction from 1992. I was young (19) & stupid at the time, but have grown up and raised a family since then.

As it was a conviction, I don't necessarily qualify for expungement. What are the odds of being granted one? It has cost me many job opportunities in the past, and I would like to have one less disadvantage. IS this at all likely?

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     Subject Unlikely Expungement

Date Fri Jan 16 2009 23:22

Author Maury D. Beaulier

An expungement would do you no good given the current state of the law. The Minnesota Supreme Court issued a ruling a few months ago that the trial court Judge has no authority to expunge anjything other than judicial records. As a result, Administrative records, such as those maintained by the BCA, cannot be expunged unless there was a determination in your favor.

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         Subject EXpungement

Date Mon Jan 26 2009 18:53

Author Ann

MN. I had assault charge, misdemeanor, isolated incident seven years ago. Never ever broke another law, ex spit in my face and I retaliated and struck him in the head, he called the cops.
So are you saying I can not get that expunged?
What do you mean by a determination in your favor?

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             Subject Determination in Your Favor

Date Wed Jan 28 2009 09:46

Author Maury D. Beaulier

You would not be able to expunge administrative records under the current law. that means,, for all intents and purposes, the offense would remain on your record.

A determination in your favor means the charge was ultimately dismisssed.

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                 Subject Well

Date Wed Jan 28 2009 14:49

Author Ann

mn. So now then getting into Law school will be out of the question forever?
Even after 7 seven means nothing?
Just not fair.
Where is the new law for this?
I know you are right, just want to read it.

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                     Subject Law is Not New

Date Wed Jan 28 2009 16:31

Author Maury D. Beaulier

I can't tell you what law schools may or may not require. however, even if you were accepted to law school, you must still be accepted to the bar afterwards and that is not particularly likely.

There is no new law. The statutory law only allows for an expungement if there is a determination in a person's favor. The case law states that a judge may not, in their discretion, expunge administrative records such as those maintained by the Bureau of Criminal Apprehension where background checks are performed. This was decided by the Minnesota Supreme Court in State v. S.L.H. in September 2008.

A complete explanation is available on my website at http://www.nvo.com/beaulier/expungement1/

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Subject Airsoft gun

Date Mon Jan 26 2009 19:01

Author Tom

mn. Ex was found guilty domestic assault with a deadly weapon. Under the game and fish laws, does a air soft gun qualify as a “GUN”?

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     Subject Dangerous Weapon

Date Wed Jan 28 2009 09:48

Author Maury D. Beaulier

What the game and fish laws state is irrelevant to the statute. It is a second degree assault if a "dangerous weapon" is used. It is not defeinded as a "deadly weapon." A dangerous weapon for purposes of an assault is defined by Minnesota Statutes 609.02, subd. 6.

Subd. 6. Dangerous weapon. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

Under that definition, a BB gun would constitute a firearm.

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         Subject Question About 2nd DUI

Date Wed Feb 4 2009 13:44

Author Ms. Mary (jellypoems@yahoo.com)

In June, 2003 I was arrested in Superior, Wisconsin for a DUI and charged with a gross misdemeanor. I had to pay a fine of like $1000, reinstate my license after a 6 month suspension, and take a "Victim's Impact Panel" and an "alcohol assessment". It was a costly venture, obviously, however I blew a .15 at the time (BAC). They didn't order any blood tests and come to think of it the Douglas County arresting Sheriff didn't read me my MIRANDA RIGHTS.

I didn't argue it, just accepted it.

On June 25, 2009 in Duluth, Minnesota (with a Wisconsin license) I was arrested again and charged with a 3rd Degree DWI. I think I blew just above a .20 if I'm correct. I was "arrested" for 3 hours and released without bail or paperwork. I asked the cops what I was charged with and what the BAC was but they refused to tell me. I wasn't "acting" drunk at all, and was cooperative. Also, they did give me a blood test this time.

I'm wondering at this point what type of sentence I might be facing? The first dwi in Wisconsin was over five years ago, but I know it still counts. I haven't drank since that day (I'm on day ten sober), and I reallly want to do SOMETHING to prove to the court that I am willing to not drink, period.

What types of punishment am I looking at?

Also, I had taken a small dose of new medication that day that could've impacted my level of alcohol because I'd never taken it before and the label didn't say not to drink on the medication, it's for seizures though. I told the police this but I didn't have the name of the medication on me, is there anything I can do about this?

What do you suggest? I'm very afraid.

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Subject EHM & Whiskey Plates

Date Thu Jan 29 2009 22:55

Author Jeff (29sunkid@yahoo.com)

Anyone have experience with wearing an EHM ankle bracelet? How encumbering is it? How noticeable is it if wearing pants? Also..on a 2nd DWI, I believe whiskey plates are required for 1 year. Is it one year from the plate impoundment? Or 1 year from court conviction? Ill hang up and listen..thanks

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     Subject Rocking the EHM

Date Fri Jan 30 2009 10:26

Author Maury D. Beaulier

It is a band with a small box on it. See the image at http://i20.photobucket.com/albums/b236/Resources80/08-10-2005.jpg

Or, for the guys out there, here is a photo of Lindsay Lohan rocking the EHM monitor. As a fashion faux pas, I don't recommend the monitor with a swimsuit or heels.

It is a one year plate impoundment from the date of the impoundment.

I am not sure how you will hang up and listen since this is not a radio show, but I appreciate the sentiment.

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         Subject EHM

Date Sat Jan 31 2009 10:47

Author Jeff (29sunkid@yahoo.com)

Anyone actually have worn one of these before and can talk about what it was like?

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Subject Loaning your car

Date Sat Jan 31 2009 10:54

Author Adam

If you are on a restricted license and your car has whiskey plates, but is properly insured and registered, are you allowed to loan it to a friend for awhile so they can use it?

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     Subject Car can be used

Date Sat Jan 31 2009 21:36

Author Maury D. Beaulier

Yes. There is nothing that prevents another person from using the vehicle. However, they should remember that have special series plates is like putting a big bulls eye on the car for police stops.

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         Subject Loaning Car

Date Sat Jan 31 2009 23:04

Author Adam

Thanks for the advice. I thought I read somewhere that stopping someone solely for having W plates was deemed unconstitutional. I could be wrong though.

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             Subject Not Sole Reason

Date Mon Feb 2 2009 12:25

Author Maury D. Beaulier

It cannot be the sole reason for the stop, but I guarantee you that if there is any minor infraction (eg. license plate obscurred by salt, license plate light too dim, failure to signal lane change), the vehicle will be stopped.

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             Subject In response

Date Sun Feb 1 2009 15:15

Author In response

Have heard that, as well. But, let's face it... the fact of the matter is, they can always come up with something to as of why they stopped you... didn't see you signal... who knows!




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Subject Getting license back after a dwi <1st>

Date Mon Feb 2 2009 16:40

Author Betty (bjhindbjorgen@live.com)

I was picked up on Dec. 23 of 08 for a dwi. I went to court Jan. 26th 09. What do I do to get my license back? Do I have to take a written test, fines, whiskey plates When I was pulled over they said I was speeding w/a suspeded license but in court the judge threw out the speeding & traffic ticket. I dont know what to do from here? Thanks for the help.

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     Subject DWI Offense

Date Tue Feb 3 2009 08:33

Author Maury D. Beaulier

It is not possible to answer your question without knowing more about the facts of the case and the procedural status.

First, evena first offense DWI, may have significant consequences. However, it is important to remember that there are two separate cases. There is a criminal case where you may have to serve jail time and/or pay fines. There is also a civil case which is your license revocation. They are separate matters.

If you had a Blood Alcohol Content over .20, or one other enhancing factor, you could have been charged with a mores serious offense where the revocation periods couls also be longer than an ordinary first offense DWI.

If ths is a first offense and your blood alcohol content was under .20, you were charged with a fourth degree offense. This carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. On a first offense wher ethere are no enhancements, you may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. If you do not challenge the revocation in court, to reinstate you must take a written test and pay a $700 reinstatement fee.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

· Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

· Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

· Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

· Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 612.240.8005.


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Subject Attractive nuisance

Date Tue Feb 3 2009 17:14

Author Bob

MN. Does MN have attractive nuisance cases.

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     Subject Not a Criminal Issue

Date Wed Feb 4 2009 00:23

Author Maury D. Beaulier

There is no state criminal statute that for attractive nuisance. Some city ordinances use the word within their ordinances. For example, Chaska provides as follows:

"Section 52. Declaration of public nuisance.

The accumulation and storage of abandoned, wrecked, junked, partially dismantled or inoperative vehicles as defined herein within the City is hereby found to create an unsightly condition tending to reduce the value of private property, to invite plundering, to create fire hazards and to constitute an attractive nuisance creating a hazard to the health and safety of minors. The accumulation and outside storage of such vehicles are determined to be in the nature of rubbish, litter and unsightly debris and are hereby declared to constitute a public nuisance, which may be abated as provided herein or as provided under any other ordinance of the City or by the laws of the State. (Ord. No. 190, Sec. 1, 10127/69)"



It is my understanding that it may be a basis for a civil negligence case. However, you should check with a civil liability attorney.

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Subject Your Opinion

Date Wed Feb 4 2009 15:39

Author Shawn

Hello Maury,
Could you look at Minn Rule 7503.1300 & 7503.1250 and then give me your opinion/interpetation of it. I was charged with DUI in 1980 blew a .10 which was the legal limit at the time but plead guilty to careless driving. Because I blew the legal limit it is considered an alcohol related offense. In 1983 I was charged with and plead guilty to DWI. I was then required to sign this "special review". Then in 1991 I was charged with and plead guilty to DWI and was give the infamous "B card" According to these rules, should I have been given a "B card"?? Seems to me I don't meet the requiremnets according to these rules. Thanks

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     Subject B card

Date Wed Feb 4 2009 16:21

Author Maury D. Beaulier

I am not sure that I undestand. Neither of those statutes addresses when a B card is issued. Instead, the first addresses when a Special Review occurs and how. The second relates to when a cancellation of a license occurs.

Minnesota Statutes, section 171.09, authorizes the DPS to issue a driver’s license to certain drivers, contingent upon the applicant’s written agreement to certain restrictions deemed appropriate for public safety. Such a license is referred to as a “restricted driver’s license.” When a restricted driver’s license is issued to a rehabilitated repeat-DWI offender, he or she must absolutely abstain from alcohol and illicit drugs permanently. This restricted license is commonly referred to as a “B-Card.”

The Rule that applies is similar to the ones cited. Howevever, it is 7503.1600. It requires three violations in ten years or 3 vilations in a lifetime and a special review signed withimn 10 years o fthe third incident. the special review usually accompanies the thrird incident or is sent afterwards. It is not a separate event.

Without a full review of your record it is impoossible to say what is appropriate. However, if a special review was signed affter your third incident, which is likely, a B card would apply.

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         Subject B Card

Date Wed Feb 4 2009 16:52

Author Shawn

I was given the special review after my second offense in 1983, then in 1991 I got another DWI and then was canceled, and was required to go through rehabilitation and got the B card. So my whole record is as follows, alcohol related offense, 1980 careless driving, 1983 DWI and 1991 DWI. So 3 alcohol related offenses in 11 years. I'm thinking the DPS made an error. Your thoughts? I would be happy to call you and discuss as well. Thanks

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             Subject B card

Date Wed Feb 4 2009 22:54

Author Maury D. Beaulier

If the special review some time after 1983 was within 10 years of the 1991 DWI, a B card would issue. That makes three incidents in a lifetime and a special review wwithin 10 years of the third. It does not indicate that the special review must occur afterward the third offense. It states "within" 10 years.

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                 Subject Amazing

Date Thu Feb 5 2009 06:17

Author Shawn

Always found it amazing that there are people out there who have more DWI convictions then myself, some with 3 who have no B card because the convictions were spaced apart and did not fall into the DPS's time frame criteria, so what determines whether you are labeled a drunk for life or not could be a matter of months or in my case 2 years.

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                     Subject Unfortunately

Date Thu Feb 5 2009 12:12

Author Maury D. Beaulier

That would appear to be the case from the information provided.

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             Subject Follow up

Date Wed Feb 4 2009 17:05

Author Shawn

My only other thing is, in 1991 I refused the breath test but later pled guilty to DWI, would the DPS count this as two alcohol related offenses...DWI and test refusal?

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Subject traffic offense

Date Fri Feb 6 2009 14:54

Author Brent (williams_rgshaw@yahoo.com)

Do I have a defense to a regular traffic ticket (speeding)when I get pulled over by an officer from one city and we are in a neighoboring city? (ie. not the city of his jurisdiction but it was the same county)

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     Subject Not Much of a Defense

Date Fri Feb 6 2009 21:49

Author Maury D. Beaulier

No. If the officer observed the conduct in his jurisdiction he may pursue into another. If he did not, he may make a citizen's arrest but a local officer must write the citation.

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Subject Physical File Destroyed

Date Sat Feb 21 2009 09:13

Author Dad

MN. How does one get these done: physical file destroyed?
Who has to ask to have it done?

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     Subject Unclear

Date Sat Feb 21 2009 22:10

Author Maury D. Beaulier

I am not sure I understand. What kind of a phycial file? A file held by whom?

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         Subject File

Date Sun Feb 22 2009 10:11

Author Dad

It was a file for DUI/careless driving and on the public website it says:
Driving Intoxicated
Closed-Physical File Destroyed.

Who ask for this and how does that happen?

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             Subject No Idea

Date Sun Feb 22 2009 22:38

Author Maury D. Beaulier

I really do not know. If it was an od file, they are destroyed after a certain period.

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                 Subject Record

Date Mon Feb 23 2009 07:22

Author Dad

Will this mean his DUI is no longer on his record?

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                     Subject Record Remains Indefinitely

Date Mon Feb 23 2009 10:42

Author Maury D. Beaulier

No. The recod remains indefinitely. It likely means the file was old and destroyed. That is all.

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Subject Speeding record

Date Mon Feb 23 2009 10:06

Author tom

mn. After a speeding ticket county did this: Conviction Sent to DPS. Why?

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     Subject Potential Suspension

Date Mon Feb 23 2009 10:42

Author Maury D. Beaulier

So they can keeop track. If you have three infractions in a 12 month period, your license is suspended.

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Subject b card/administrative review

Date Tue Feb 24 2009 12:39

Author john

Enter your message here. In november i was charged with a b card violation. I was driving and passed all the test. I was given a ticket and then he gave me a ride home. Reason for pull over was loud exhaust. So I am now cancelled again and from what i understand its for three years. It says at anytime I have the right to a administrative review?? What is this? Is it set in stone three years or will they hear your case and has the cancelled period ever been shortened. There was alot of stuff that went on in my life at that time, I understand that is no excuse. But I am a single father a some how need to figure this out so I can get my life back on track. Also one thing that allways confused me was I thought it took three dwi's to get a b card. My first one was dropped to a careless alcohol related. The prosicuter asked if I knew what that meant, he said to my insurace company I have a dwi, to the state I do not have one, If I go get another one it would be my first, next would be my second. So I am really confused with that. Until this b card it has been eight years with a clean record. Any advice in what direction to get this resolved I would love to hear it.

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     Subject B Card Violation

Date Tue Feb 24 2009 22:10

Author Maury D. Beaulier

An Administrative review means they review the written documentation of the violation and determine if it is valid. In most cases it is rubber stamped.

You may seeek a judicial review, which is a trial, and, at that trial, you must demonstate that there is insufficient evidence indicate that you had consumed alcohol.

Even though the first offense was dropped to a careless driving, if your licesnse was revoked and you did not successfully challenge that revocation, it counts as a prior offense.

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Subject Open bottle

Date Thu Mar 12 2009 08:22

Author Tim

I was wondering what kind of criminal and civil penalties I could face for being ticketed for having a open bottle?

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     Subject Misdemeanor Offense

Date Thu Mar 12 2009 18:45

Author Maury D. Beaulier

If you mean an open bottle of alcohol, it is a misdemeanor offense punishabvle by up to 90 days in jail and a $1000 fine.

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Subject b card

Date Fri Mar 13 2009 18:41

Author john

Enter your message here.
To all you b card holders, there was a new bill interduced to the state legislatures. Not every thing in there is perfect but it is way better then what is at hand. If a person truly did change and have your life back this bill can do it. You can find it on the Minnesota State Legislature website the number is HF1305. You will find it in Search House Bills. The more people to jump on board and write there Legislatures letters to support this bill and if you have had a b card violation but have not been chaged with a driving offence like dwi, I would suggest you write a letter to let them know how a b card violation has affected you and your familys life.

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     Subject B card

Date Tue May 5 2009 12:27

Author Tim

not sure what the other changes encompass, but appears that you could get your B card restriction removed after 5 yrs. Does this sound accurate?.

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     Subject hf1305

Date Fri Mar 27 2009 14:26

Author Dan (dnaas1@comcast.net)

I read through the Bill as it stands so far. Was confused by most of it, but I think it chucks the idiotic lifetime abstinince req't and replaces it with a 5 year abstinence with random occassional monitoring. Also spells out requirements for Rehabilitation after offense in a way that precludes the Commission from its Draconian rule-making. Allows for privatizing of driving records more than 10 yrs old, but allows them to be un-privatized if you re-offend with similar offenses. It would be great to see Mr. Beaulier's summary of the substance of this Bill and its likelihood of passage.

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     Subject Thank You - Bills and B Cards

Date Sat Mar 14 2009 21:49

Author Maury D. Beaulier

Thank you. That is great information.

The bill is very long and only at the early stages. It would impact many areas of the DWI laws. The small portion related to the B-card is proposed as follows:

30.18 Sec. 2. [169A.57] CONDITIONAL DRIVER'S LICENSE; B-CARD.
(a) Notwithstanding any provision of section 171.09, subdivision 1, paragraph (d),to the contrary, a person who to the satisfaction of the commissioner has completed rehabilitation or a rehabilitation refresher course as required by section 169A.56, and who has completed any other examination and fee requirements for a restricted driver's license under chapter 171, is eligible for reinstatement of the person's driver's license or driving privileges, subject to the restriction of no use of alcohol or controlled substances. The restricted driver's license may be commonly referred to as a "B-card" or "B-card license."

(b) Notwithstanding any provision of chapter 171 to the contrary, a person who to the satisfaction of the commissioner has completed the required five-year period
of continuing abstinence following rehabilitation or a rehabilitation refresher course as required by section 169A.56, and who has completed all other requirements of chapter 171 for a driver's license, is eligible for reinstatement of the person's driver's license or driving privileges without further restriction to the condition of no use of alcohol or controlled substances."

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Subject Refusal, DUI, Hit/Run,odds of dismissal?

Date Sat Mar 14 2009 07:43

Author Jim (jim@hotmail.com)

I would like to ask a few general questions about how to best present myself at an upcoming hearing.
I have been charged with refusal to test, DUI, careless driving and hit and run. All misdemeanors except the Refusal (gross mis.).

I truly didn’t understand what the consequences of refusing to test would be and I hope to get these charges dismissed (I did blow the breathalyzer on the street but didn’t blow the second one at the station- didn’t trust the police at that point and didn’t understand why they were making me test again).
Also since I was involved in a minor accident as well and drove around the corner of the block before stopping they charged me with hit and run to property. There was nowhere to stop at the accident site and I had pulled over at the point when a police car got to me.
I was not hostile, rude or otherwise inappropriate at the point of arrest.
My questions are: it at all likely that the refusal may get dismissed if I state that I didn’t “get” what was happening, etc.? For example, I tried to contact a lawyer but no one picked up. I was told I had the right to consult with one first- so I refused the second test. I didn’t trust that I was being fully informed of my rights, etc., by that point so I refused the test. Is it reasonable that this may be dismissed or plea bargained down?
Also, how likely might it be that the hit and run could be dismissed as I had nowhere to pull over to at the accident site but did go around the block to pull over?
Next, can you give me any advice about how to present myself at court? Is it best to be humble and “shamed” or will I need to be strong and ready to argue about any inaccuracies I see with the job the police did? I do have a lawyer representing me.
Lastly, just curious- it was 12 below zero at the time of my arrest when I blew a .16 on the street. What are the validity issues with the breathalyzer at this temp.? I was very surprised that I blew this high as I’ve used a blood alcohol calculator and, based on time, drinks and my weight I am thinking I should have blown around. 10 or so? How can I defend myself against this? Any chance, in your opinion, that this might get plead down to a wet reckless or just reckless charge?

Any thoughts on jail time? I’m assuming I shouldn’t get any. I was detained for 56 hours after the accident. I have no criminal history, no previous record at all, actually. I’m assuming someone like me doesn’t need to be spending the State’s money eating their food but I’ve already seen a number of inaccuracies in the police reports and other ways in which the civil and criminal worlds are disconnected here. Some of the ways in which this situation has been handled by the police, including the power that they have to revoke you and make you prove your innocence, should alarm Americans. Understand that I know I was wrong to drive and it won’t happen again. That said, the police shouldn’t be given this level of power. These procedures should be separated out.

Thank you for your time, I appreciate it.

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     Subject DWI - Refusal Issues

Date Sat Mar 14 2009 22:00

Author Maury D. Beaulier

I am afraid that it is impossible to answer your questions without a full review of the case. The best results occur when you have a viable defense to the charge itself. Without knowing all of the facts relating to the stop, the field sobriety tests applied, and the procedures at the station and the particular prosecutor involved, making a guess as to whether they will dismiss the refusal charge is like a blindfolded man throwing darts at a board. Given the number of charges and the facts related, however, I can safely say that without a strong defense, chances of the prosecutor offering a reckless driving charge are zero.

Th Implied Consent Advisory must be read before you are offered a test. That advisory is almost always audio recorded or video recorded. Reviewing that recording would give some insight into whether the officer clearly advised you that a refusal to test is a crime. It will also indicate clearly whether the officer advised you that you could contact a lawyer before making that decision. The recording should be acquired.

The alcosensor used at he scene is susceptible to cold temperatures. However, it will usually have trouble reading the breath sample provided and may cause the officer to run several tests. It is impossible to say whether the alcosensor in your case was having problems without knowing more. It is also one factor among many in forming probable cause to arrest.

As you may know, the refusal to test is a gross misdemeanor and is punishable by up to one year in jail and/or a $3000 fine. The DWI, hit and run and careless driving are all misdemeanors. Each is punishable by up to 90 days in jail and a $1000 fine. This is not a run of the mill first offense DWI.

Moreover, different Judges sentence differently. As a result, knowing your Judge is an important part of any defense. Some Judges will give as much as 30 days in jail on a first offense where there was a refusal to test. The accident is also a factor the Judge may consider in sentencing since it could endanger others.

You must also remember that the criminal case is only one part of this matter. There is a separate and civil proceeding as well. That is the license revocation. For a refusal to test, your license is revoked for one year. That is true regardless of what occurs on the criminal matter. As a result, you MUST file a Petition for judicial review and that must be done within thirty 930) days after your license has been revoked. The Attorney General has no reason to reduce the revocation to 30 to 90 days for a typical first offense if no challenge is made.

For a FREE consultation call 612.240.8005. We have affordable fees and are aggressive in such matters/