Legal Question in Criminal Law in Minnesota
Driving privileges
I would like to know if I will be able to
get my license back in 6 months like
my attorney said even though i was
charged with a refusal. in court he
said to plea guilty to the dwi because
he couldn't do anything about the
refusal. He told me that instead of
losing my license for a year it would
be 6 months.
3 Answers from Attorneys
Re: Driving privileges
I don't have enough info from you to answer your question. Normally, the only time you can count on a license reduction after pleading guilty in any refusal/DWI situation is if you are a first time offender (in your entire lifetime). If you are not a first time offender, then pleading guilty to a reduced charge does NOT reduce your license revocation. If you are a first time offender, then your license revocation will actually be reduced down to either 90 days or 30 days if you entered a guilty plea to DWI but did not fight the refusal.
Re: Driving privileges
Sorry, I don't like 'second guessing' advice of another attorney. Your
lawyer knows more of the facts than I do. Maybe you could call
Minnesota Department of Public Safety and ask them. Good luck.
Herbert C. Kroon
Attorney at Law
Chesley, Kroon, Harvey & Carpenter
Re: Driving privileges
Without reviewing the file, it is difficult to advise you. Under most circumstances, you must file a Petition for judicial Review to vindicate your rights with regard to the license revocation. Under the limited situation where it was a first offense, and you plead to a DWI rather than a refusal to test, the license revocation would be reduced to 90 days, and not 180 days.
For a consultation call 612.240.8005.
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