Dui
In 1999 I was arrested and charged with DUI. Before the court date arrived I had moved to Nevada for work. I notified the court in Mn and they transferred the case to Nevada. I appeared in court Nevada for this charge and the case was dissmised due to lack of evidence. Now I want to renew my Mi drivers license but can't because Mn has flagged it. They say that they penalized me and that I had to do what ever they had given me for penalty. How can they do this? If the case was dismissed due to lack of evidence then how is it that they can still give me a penalty? I cannot renew my Mi license until this is resoved so any help will be greatly appreciated. Thankyou, Geno Mussatti
2 Answers from Attorneys
Re: Dui
Your post is confusing and does not make a great deal of sense. If you were charged with a DWI in Minnesota, the case cannot be transferred to another state. Only the state where the offense occurred would have jurisdiction. Porbation for the offense , after sentencing in NMinnesota, could be transeferred to another state.
Even if the criminal charge is dismissed, there is a second side to any DWI, which is the license revocation. You must challenge that separately, by filing a Petition for Judicial review. if you do not, your license will be revoked and you must pay a reinstate ment fee (around $700) and take a written test to reinstate. until you do so, no other state is likely to issue you a license.
For Minnesota issues call 612.240.8005 or visit dwicounsel.com
Re: Dui
Although the situation is not entirely clear from this description, it sounds like you may be describing a situation where the DWI-criminal case was dismissed by a judge, but where you may not have filed a Request for Judicial Review of the administrative, "implied consent" revocation of your drivers license within 30 days. In that situation, there would be no DWI-criminal conviction on your record, but there would be an "implied consent test - violation" on your record, which is treated for most purposes (if not all) the same as a prior DWI-criminal conviction. That is why it is so importnat to retain a good DWI DUI defense lawyer like me, immediately before it is too late.
If that is your situation, you may need to do whatever MN DPS wants you to do, to get your license back in most or any state within the USA.
FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html
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