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How to file a motion for Discovery in Mn. dwi case?

  
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How to file a motion for Discovery in Mn. dwi case?

Postby chen12 » Thu Jul 26, 2012 3:31 am

I was arrested on 7/4/12 for DWI in Becker county Mn. Arraignment was today and i dont qualify for a Pubic Defender, make to much money Im told. I cant afford a lawyer and Im forced to represent myself. The cop stopped me for speeding in a 55 but my cruise was set a 54 and Im sure the gauge is not off, my buddy in the back seat also said he saw the speedometer and it was under 55, few other things that may be in my favor also. Im doing a lot of research and Im confident I can at least plea it down but first thing I need to do is file for discovery of evidence and an implied consent hearing but I cant figure out the process to get these things going. Is there a site or some place to get the info to start this process. Any information would be great Im at a lose.

Details: blew .135 at car, time unknown, .135 at station. My ticket was at 21:45 but the passenger who got open container at the same time had a time of 20:50 on her offence time. the cop wouldn't show me the speed gun or tell me my speed just that it was over, I asked for a speeding ticket for my case knowing it was false but he would not do it. I did good on the sobriety tests but he made me blow anyway.

Im not worried about the charge or fines and ill do whatever classes I need to I just cant have a DWI on my driving record cause of my job, its really the only part Im freaking out about.
chen12
 
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How to file a motion for Discovery in Mn. dwi case?

Postby aethelbert35 » Thu Jul 26, 2012 3:40 am

HE WAS PROBABLY JUST DOING RANDOM STOPS.........//
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I WOULD AT LEAST "TALK" WITH A LAWYER ABOUT IT..........//
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GOOD LUCK.........//
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aethelbert35
 
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How to file a motion for Discovery in Mn. dwi case?

Postby leland » Thu Jul 26, 2012 3:41 am

What evidence are you trying to get? I'm not sure what you are trying to claim. Your statements are all about speeding when you are talking about a DUI. The procedure for filing such a motion is complex and there are specific forms to use. See if the county law library has a forms book you can use.

Um, whether or not you were speeding is irrelevant in a DWI case. How do you know your gauge isn't off? Or that you or your drunk buddy were even able to read the pedometer correctly in your drunken state? You were driving drunk. If your passenger was also drunk, that testimony is irrelevant. The person in the back seat either couldn't see the gauge because you were in the way, or they were at an angle and could not see it accurately. So that argument fails.

As for the time, it's when they write the ticket. It's only a minute apart.

If you reeked of alcohol and your eyes were doing certain things, they had every reason to test you.

I don't know what you evidence you are trying to get. Trying to claim that they shouldn't have stopped you in the first place won't fly unless you are trying to claim it was profiling. The only thing the court will care about is what you blew. Trying to plead down a drunk driving case based on speeding questions is not going to go anywhere.

You were guilty. Deal with it and think about your choice of drinking and driving.
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