HELP!! MN 1st DWI -but (stupid me) aggravated

[tomt]

What is the name of your state? MN
1. 1st timer as far as drivng offenses. Did have a misdemeanor assault convicton in '99. 2. I live in Minneapols. But was pulled over in Duluth, MN on Oct 1st for speeding by University of MN, Duluth campus police officer. (not on campus - but I doubt that matters)
3. Blew .25
4. Was very cooperative with all authorities - they seemed to appreciate that (they even seemed to treat me preferentially because of it).
5. Was told that I would need to see a judge in the morning and kept overnight in the county jail - however the next morning I was released w/o seeing a judge.
6. Have not heard anything since. Waited a few weeks and called the UMD PD - they said the case had probably been turned over to the County Atty - called the County Atty, they had nothing on it and referred me back to the arresting authority.

Q1. Since I was not on UMD campus at the time should I try and contact the Duluth city PD or the county sherrif? Or should I just stay quiet and wait until I am contacted.
Q2. Am I likely to get jail time, and if so could I have that transferred to Mpls and get out days for work? (sure to lose my job if not).
Q2b. What other penalties can I expect?
Q3. I have read on the web that in MN, if charged with an aggravated DWI you must see a judge before being released. I did not. Is that going come back to bite me?
Q4. I have also read that I will need to take a chem assessment and that I should hire my own before the hearing. If I do that, will I still need to take a court ordered one?
Q5. Any advice?

Thanks a million for any info

tomt

 

[Bretagne]

1. If you were pulled over by a University security guard, not a licensed peace officer, you may have a shot. But if a licensed peace officer responded to the security guard's complaint, they've probably got you. I would argue the U guard had no lawful authority to stop you. He didn't have enough probable cause to suspect you committed a felony, therefore he couldn't effectuate a citizen's arrest lawfully. You should definately retain a private attorney as soon as possible. Is there a city attorney in Duluth? Probably--you should check with them about the status of the charges. The city attorney is probably trying to fine-tune the complaint to survive the potential challenges right now. That's what's taking so long.

2a. You will most likely be charged with Gross Misdemeanor 3rd Degree DUI. As a first-time offender, you would have been charged with Misdemeanor 4th Degree DUI, but you were over .20. It is really, really hard to transfer jail time in Minnesota, and they won't do it over a case like this. You are facing jail, but if your attorney can plead you down to the misdemeanor you can probably avoid jail. The MAXIMUM you will be facing is a fine of $3,000 and/or up to one year in jail. If you didn't get in an accident or hurt anyone, you will not be sitting for a year.

2b. You will probably be sentenced to attend a MADD impact panel and/or a two day DUI clinic. You will also need to get an alco assessment. Get one done privately right now, so your attorney can review the recommendations before you plead. They won't make you get another one. You'll pay a fine and court costs, maybe community service or some sentence to service. Maybe supervised probation and maybe unsupervised probation.

3. Typically, if you are a repeat offender they don't release you to a sober, they might hold you till arraignment. You aren't in any trouble because you were booked and released without being arraigned.

4. See 2b above.

5. Have you received a Notice and Order of Revocation yet? Did they read it to you at the station and give you a copy? If they revoked your drivers license, then you have a valid DL for 7 days after the stop and then it is revoked. YOU ONLY HAVE 30 DAYS from the date of the revocation to petition for judicial review of the revocation of your license. Your attorney may want you to do this, so don't wait too long to retain someone. Go online at mndriveinfo.org and click on "DL Status", then type in your drivers license number. See if you are valid or revoked. There is a number there to call a live person regarding "revocations and suspensions".

If it has been "weeks", and your license is still valid, then hold your breath because something went wrong. You should definately hire an attorney ASAP. If you're a student, you might qualify for a PD but you can't get one appointed until you appear to be arraigned. This is a situation where you need to start doing damage control before the criminal case even starts.

 

[Astrolink]

Just to mention

I'm from Duluth, and, unless things have recently changed, the U of M police officers are part of the Duluth Police Department.