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Everything posted by evadelle

  1. I would file a lawsuit against the officer. As to the court appearance, I would make sure to have witnesses present.
  2. I would assume that if the car was illegally confiscated that it would be the prosecutors duty to inform the police of that. Would that not be the case?
  3. I believe that his attorney is not as aggressive as he should be. He has dealt with the prosecutor on this case and the prosecutor stated that the police had no legal right to take the car, but will not order them to return it because he does not want to anger them. We did have a hearing scheduled, but after our attorney drove three hours to get to the hearing we found that the prosecutor was out of town for the week. He failed to cancel the hearing or notify anyone that he wouldn't be there. This is a small town. I don't believe that this would have happened in a larger city. I believe that the police are used to abusing their power here and getting by with it.
  4. My last question was not a serious one as I do not drink and drive. Which is why I object to being forced to leave my home if I want to have a drink. There is no public transportation in the area where we live. And no I do not NEED a drink, but isn't it my right to have a drink if I choose, in my own home? Shouldn't probation officers have to consider the rights of others that live and own that home? As to staying and dealing with the arthritis, there was only one medication that helped with my symptoms and they took it off the market. I have tried many others and nothing else works which is why we spend our winters in Ca. in the desert. My husband attends AA on a weekly basis and sometimes more. He also attends church and has had extensive therapy, that does not stop him from getting lonely a night. And yes, I suppose that we can go on antidepressants for the winter. I don't like taking medication if I don't have to. As to the vehicle, the police have had it for two years. My employer has requested it's return and they have not responded to his request. The prosecutor has stated that they had no legal right to take the vehicle but has been reluctant to order them to return it because as he stated "he does not want to anger them". Alcoholism is a disease, the same as diabetes is a disease. There are triggers for both, depression is a trigger for Alcoholics and could lead to relapses. If a diabetic does not take their insulin and as a result suffers a diabetic seizer while driving and kills someone should they be convicted of a crime the same as an Alcoholic that chooses to drink and then kills someone while driving? Just curious. By the way, my husband was sober for 27 years and has never had a problem with being with others that are drinking. He has never cause any person injury to anyone or cause any property damage.
  5. I cannot send him somewhere else if I want to have a drink because they said that alcohol is not allowed in our home. So I would have to leave our home in order to have a drink.
  6. A landlord is only required to hold the tenants personal belongings for a certain period of time maybe 6 months to a year. I would think that in your case you would be able to counter sue her for the cost of storage. I am not certain of either case.
  7. Sorry I meant that we live in Minnesota during the summer not the winter.
  8. My husband pled guilty to a DWI, this is after two years of delays. My question is in regards to his probation. He met with his probation officer this morning and was told that he cannot leave the state. We live here in Minnesota during the winter and in California during the winter. I suffer from arthritis and spending the winter in Minnesota leaves me in pain most of the time and causes me to have difficulty in walking. I could go alone but that would only cause us both to relapse into depression. We were seperated at the time of his DWI and he suffered depression which lead to his relapse in his sobriety (prior to that he had been sober for 27 years. I also suffered from depression and ended up in urgent care and was put on antidepressants. My husband is 66 years old and I cannot in good conscience leave him alone. He gets loney and then depressed and that could lead to another relapse. I do not want to be alone because I get depressed as well. So I feel that I am being force to suffer through the pain and agony of being held hostage in Minnesota where the winters are long and very cold and not good for arthritis sufferers. I feel that my rights are being violated by the courts and I am being sentanced for a crime that I did not commit. They also told him that he cannot go out and dine in a resturaunt that serves alcohol and that we cannot have any alcohol in our home. I am not an alcoholic and have never recieved a DWI. I like to have a glass or two of wine occasionally with my meal or before I retire for the evening. But under his sentance I would have to leave home to drink anything and then drive home after I have been drinking which could result in ME getting a DWI because they will not allow me to have a drink in my own home. I feel again like I am serving a sentance without committing a crime. It is OUR home and not just my husband's why is his sentance being imposed on me? Do spouse have any rights? They confiscated MY company issued Vehicle as well and are refusing to return it which could result in me having to pay the company for that vehicle. If I ever in the future recieved a DWI shouldn't I be given credit for time served since I am being force to serve my husband's sentance along with him?
  9. My husband was arrested on a DWI charge, he was driving my company issued car at the time. The police confiscated the car and are refusing to return it. We have provided all the proof that they requested. My employer has written a letter requesting the return of the company car not once but twice. They have still refused. The last letter sent was three months ago and they have not responded to it. The prosecutor has stated that they have no legal right to take the car because my husband has proved it is not his. The prosecutor has not demanded that they return it because he says they will be upset and the prosecutor's office and police departments have to work together. It has been over two years, now I also worry about the damage that could be caused to the vehicle from sitting idle so long. Minnesota laws states that they can only confiscate a vehicle that is own by the offender. I believe that they are abusing their power by refusing to return this vehicle, I also believe that it the same as grand theft auto. On the chart it shows that Minnesota confiscates vehicles on the third offense, this is his 2nd offense in 3-4 years. How can I get them to return this vehicle to me? My husband is an alcoholic and went thru treatment 30 years ago and was sober for 27 year prior to his lapses in the last 4 years. Is it stand procedure for the highway department to go back 27 years and use that against you after 27 years of sobriety?
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