Legal Question in DUI Law in Minnesota

a. How does Implied Consent Petition help stop a DWI from staying on her driving record? What purpose will filing it do?

c. Does the ICPetition request a judicial stay of the balance of the revocation & license plate impoundment or temporary reinstatement?

d. Is the ICPetition asking for a shorter revocation period or getting a limited license?

e. Does ICPetition need to be filed w/ forms CIV102 &112; ?

g. What content must be covered in drafting this petition? Are there any templates?

My daughter is a single parent, full time student on MFIP, unable to borrow $ and owes $. On 9/7 she got 1st DWI, 3 charges Gross Misd. w/ BAC of .20+. Did jail 3 days, revoked her lic., police took lic. plates off MY car she had borrowed. Judge let her go w/o bail & a hearing 10/29. An UNavailable public defender just sent a letter telling her to file a judicial review of lic. revoc. w/in 30 days, but he doesn't do Civil cases. That leaves her one week! She knows she's guilty & nothing was handled incorrectly in her arrest. Lawyers are in business to make income, so she is stuck trying help herself or do nothing. Thk U. The only good part of this is maybe she will get help for her depression.

Asked on 9/27/15, 3:09 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Each case is unique to its own facts, and I do not know the full facts. It would be irresponsible to reply that there is some 'blanket one-size-fits-all' manner & method.

The Implied Consent matter is civil in nature, not criminal. The purpose of the Implied Consent is to aim to drive, drive 'for now'; it is a challenge of the revocation of the defendant's driver's license & plate impoundment.

I suggest that you seek to hire an attorney. Pricing will vary and quite dramatically, for many reasons. Some attorneys will provide reduced fee for financial hardship.

Yes, wonderful that your daughter gets help! You seem to be a wonderful, caring & loving mom to your daughter.

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Answered on 9/27/15, 3:26 pm

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