Legal Question in DUI Law in Minnesota

revoked license after fleeing a peace officer

My husbands license is being revoked because he was charged on fleeing a peace officer. It says in the letter we got that it will be revoked for one year but we were never told this would happen during the sentencing and court process. We are shocked and don't know how we are going to afford to live if my husband can't drive to work because he has his CDL and works 45 minutes from our home. What can we do to stop this from happening. It is going to happen on Aug. 14. Please help!!!!


Asked on 8/03/07, 7:15 pm

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: revoked license after fleeing a peace officer

Let me guess, he didn't retain a criminal defense lawyer to represent him? Oops. That is a common, big mistake.

He might try retaining a criminal defense lawyer now, to make a motion to the court to withdraw his guilty plea. If granted, the case would start over. Then, attempt to resolve the case in such a way as to avoid drivers license consequences, or however else he might wish.

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Answered on 8/06/07, 11:15 am
J. Chris Carpenter Harvey and Carpenter

Re: revoked license after fleeing a peace officer

This is a difficult situation. I would need to know exactly what he was convicted of in order to properly answer this question. Also, I would need to know the date of the original offense in this case. A DWI has two sides one criminal and one civil. The reason you never found out about the drivers license part during sentencing is because it is part of the civil side. This kind of matter is very complicated and I prefer to explain it in person. Please call my office and make an appointment so I can be of further help.

Jennifer S. Homer

Attorney at Law

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Answered on 8/08/07, 9:55 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: revoked license after fleeing a peace officer

The reason that you were not told at court is because it is a CIVIL penalty rather than a CRIMINAL penalty associated with the criminal offense. I realize that it makes little difference to you. Unfortunately, that is the way the system works these days. If you entered a plea already, there is, unfortunatley, little that can be done.

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Answered on 8/03/07, 9:24 pm


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