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  1. #1
    Join Date
    Aug 2010
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    9

    Post Dus in North Dakota

    My question involves criminal law for the state of: North Dakota

    I am from Oklahoma on a road trip, and while my vehicle was pulled over ( I was eating before making my way towards MN ) a cop came behind me. I had nothing to worry about as I felt I wasn't doing anything wrong, and obviously the cop was only suspicious because I was out of state. As he came back to my car, he asked me to step out and proceeded to ask me why my license was under suspension. Out of the blue as he was, I told him I had no idea of the matter, though I do know that my right to drive had been ongoing between my defense firm and dps back in Oklahoma as it was from a DUI charge stemming back from Nov 2009 ( which finally resulted with a year and a half probation in Jan, though the status of my license hadn't been finalized yet as dps kept cancelling the hearings to determine if it should be revoked or not ) and I had told the officer that. As I talked to my lawyer back home first chance I got, he made it aware that my license had been revoked. Though I was arrested, I wasn't booked nor fingerprinted and was able to post my own bond out. A court date was set for March 30th, which I had questions about as I am from out of state and can't afford to stay gone from home any longer ( especially since I was unaware that my license was revoked, as I haven't received proper notice of the matter and I've had someone check my mail while I am gone ). I talked with the state attorney in Dickinson ( which is where all of this took place ) and since it didn't show a conviction on the DUI charge ( again as I am going through a year and a half probation that, if I don't run into trouble, there won't be a conviction ) that all I would have to do is plead guilty, pay $250 and I'd be on my way home. However, this raises the question on if this will interfere with my probation, to which the state attorney said she wasn't sure, and is giving me the weekend to think things through.

    So what should I do? Get a lawyer up here and fight this to avoid this affecting my probation back in Oklahoma or just pay the fine and head back home with the possibility of this showing up July 2012 when I go to court to end my probation? I need serious advice. Again, I was unaware that it was revoked. I knew it was in question but the last I checked, I had until April 5th 2011 before my current rightto drive expired. I need to figure something out before March 18, 2011.

  2. #2
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Dus in North Dakota

    Quote Quoting Airwave5
    View Post
    My question involves criminal law for the state of: North Dakota

    I am from Oklahoma on a road trip, and while my vehicle was pulled over ( I was eating before making my way towards MN ) a cop came behind me. I had nothing to worry about as I felt I wasn't doing anything wrong, and obviously the cop was only suspicious because I was out of state. As he came back to my car, he asked me to step out and proceeded to ask me why my license was under suspension. Out of the blue as he was, I told him I had no idea of the matter, though I do know that my right to drive had been ongoing between my defense firm and dps back in Oklahoma as it was from a DUI charge stemming back from Nov 2009 ( which finally resulted with a year and a half probation in Jan, though the status of my license hadn't been finalized yet as dps kept cancelling the hearings to determine if it should be revoked or not ) and I had told the officer that. As I talked to my lawyer back home first chance I got, he made it aware that my license had been revoked. Though I was arrested, I wasn't booked nor fingerprinted and was able to post my own bond out. A court date was set for March 30th, which I had questions about as I am from out of state and can't afford to stay gone from home any longer ( especially since I was unaware that my license was revoked, as I haven't received proper notice of the matter and I've had someone check my mail while I am gone ). I talked with the state attorney in Dickinson ( which is where all of this took place ) and since it didn't show a conviction on the DUI charge ( again as I am going through a year and a half probation that, if I don't run into trouble, there won't be a conviction ) that all I would have to do is plead guilty, pay $250 and I'd be on my way home. However, this raises the question on if this will interfere with my probation, to which the state attorney said she wasn't sure, and is giving me the weekend to think things through.

    So what should I do? Get a lawyer up here and fight this to avoid this affecting my probation back in Oklahoma or just pay the fine and head back home with the possibility of this showing up July 2012 when I go to court to end my probation? I need serious advice. Again, I was unaware that it was revoked. I knew it was in question but the last I checked, I had until April 5th 2011 before my current rightto drive expired. I need to figure something out before March 18, 2011.
    I forgot to point out one thing:

    The cop who arrested me pointed out that the judge in Dickinson usually fairly lenient when it comes to crimes up here, so if I went to te hearing on the 30th I could just tell him I was passing through and that I had no knowledge of my license being revolked, and he would be more than likely to let me off. But again, the cop wasn't sure, as he hadn't come across a situation like this before. Should I trust the cop and go to te hearing hoping for a slap on te wrist or take the offer that has been presented to me ( which will result in a class b misdemeanor ).

  3. #3
    Join Date
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    Default Re: Dus in North Dakota

    Under the circumstances it would make sense to do what you can to get the charge dismissed without a conviction. I suggest at least consulting a lawyer in the county where the charge is pending.

  4. #4
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Dus in North Dakota

    It would make sense, but I can't afford to be gone from Oklahoma any longer ( and I am running out of places to stay at here in ND ). I suppose calling a lawyer from around these parts and once it gets closer to March 30th make another trip up here?

  5. #5
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Dus in North Dakota

    Hey Mr. Knowitall,

    I decided to take your advice and try to get the dus charge dismissed as I have proof the only documentation showing my license was suspended was a notice three days after the arrest. My question is this: the state attorney won't dismiss the charge because of te documentation and that I will have to appear at the hearing March 30 and to get a lawyer. I'm shot on money right now and the cheapest attorney I was able to find asked for a $1000 fee to retain him. Would it be safe for me to just go with a public defender or is it crucial that I try to get an actual lawyer in this circumstance?

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