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Minnesota Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets and Criminal Law for Minnesota on
Q: I made the mistake of speeding 39 in a 30 Urban road. Officer cited me as 169.14 2a petty misdemeanor.

I was told to pay it after ten days of it being in the system (it’s been 5 days since the ticket)

To my suprise I received a criminal mandatory traffic court hearing arraignment notice

I’m not sure what happens. I’ve never been in trouble with the law (fully clean criminal... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 3, 2023

Most would prefer to keep a speeding ticket off of their Minnesota driver's license record. To accomplish that, the ticketed driver must avoid paying the ticket, and instead set up a "hearing officer" appointment (in the metro area) or a court appearance to discuss settlement... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I need a texting while driving ticket off my record for job purposes

I got a ticket for texting while driving in January 23. I paid the ticket and found out that it affects my ability to drive at my work and I need to get it off my record so that I can continue driving for my company.

Thomas C Gallagher
Thomas C Gallagher
answered on May 8, 2023

You can download this form form the Minnesota Courts website: Forms Packet: Ask to Withdraw Guilty Plea and Vacate Conviction (Petty Misdemeanor) You can use it to request a hearing on your motion to reopen the petty misdemeanor case. At the hearing, you can talk to the prosecutor to see if they... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5

I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5 he also put im the owner of the car and I am not my wife is he put on my ticket I was going 40 in a 30 and in his report he put I was going 47 in a 30 can this get throw out or no

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Not likely. They can fix any mistakes (perhaps using the video). And alerting the them to mistakes prior to trial usually is just helping them, not you. Therefore, when I have such a case, I pursue the other defense issues and strategies, but save mistakes for use at the trial (assuming they have... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: On December 12 I was pulled over in Burnsville MN. The complaint is full of holes, and miss guided not truths.mm

I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2023

The question raises the issue of whether the police officer has a reasonable suspicion to justify the initial stop. If a judge agrees the police officer did not, then the charges would be dismissed. Lawyers are trained in law school to generally avoid contacting non-clients about representation,... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I have 4 citation tickets in total, 1 moving violation(stop lights or stop sign) and 3 speeding tickets.

However, the first ticket (Speeding ticket) was issued on August 2021 then the next two was issued on September 2022(Speeding ticket) and October 2022(Moving violation) then the recent speeding ticket was March 2023(Speeding ticket). I have received a warning letter after the first 3 tickets. As... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 9, 2023

It is unclear whether you have paid these tickets or resolved them. But in any event, I do not believe that you are at risk under the provision of four within 12 months. But you are at risk if you get another ticket between now an August 2023. The other issue you are going to run into is that... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Car put in my name I didn't proceed with purchase yet it's showing under me a ticket issued out of state

Ticket issue to me, registration under me even now I either want the vehicle at this point or be compensated the value due to this matter, the vehicle register says I own it I’m not sure who the actual owner is but the car says it’s registered to me this is fraud correct ?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 7, 2023

Your question is a little confusing. But you should certainly notify the state where the ticket was issued that you never ended up purchasing the car and you should provide them with information on who the owner is. If you do that, the ticket against you should be dismissed. You could also... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 2, 2023

Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... View More

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 3, 2023

It sounds as if you did not challenge the implied consent revocation of your driver's license. The time frame to do that has long since expired. You now have an alcohol related driver's license revocation on your driving record. You will need to pay the reinstatement fee and meet all... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What county matters on a speeding ticket, where your speed was clocked or where you got pulled over?

I was driving north on 169 in Mankato. A trooper was parked on Lake St NW which is in Blue Earth County where he tagged me for speeding but I stopped in Nicollet County less than a half mile up the road. The case was sent to Nicollet County but the prosecutor won't deal with me on a no same no... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2023

Normally a criminal or traffic case will be properly venued where the alleged incident happened. If a case is filed in a different state or county, the defendant could move the judge for an Order dismissing or changing venue. You could look for a form on the court's website, or consult (or... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got a moving violation for running red light.....I have clean driving record, entered intersection when yellow,

also wife agrees with this and officer had wrong intersection in citation.....hearing officer said I could pay $225 for ticket and have it removed with no issues in year, pay for ticket or argue in court/via phone ......what do you suggest, do I have chance if fight it or should I take $225 deal?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2023

Most people want to prevent a traffic violation conviction, in order to prevent one being added to their Minnesota driver's license record as a moving violation. If the defendant can resolve their traffic case with a "Continuance Without a Plea" ("CWOP") a/k/a a... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Doing 74 in a 65mph speed limit. Does this go on my record? If so, how do I get it off? Will my insurance be notified?
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2023

In Minnesota, a conviction for speeding 74 in a 65mph speed limit would bo on the court's record and the Driver's License Record. (Then the insurance companies will know.) The way to avoid that would be to set up a court appearance rather than pay the fine. Then try to resolve the case... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Should I go to court for speeding ticket that was reduced by the St. trooper under the Dimler amendment?

Trooper got me on radar going 76 in a 60mph zone. I was on a 2 way highway but in a passing zone so I had sped up to overtake the vehicle in the slow(right) lane. The officer entered the violation as 65 in a 60mph zone stating the Dimler amendment was applicable. Is it worth going to court to try... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2023

Many people prioritize keeping a speeding ticket conviction off of the their DRIVER'S LICENSE record. Minnesota's "Dimler speeding provision" can provide an opportunity to do just that. But it may not always apply for all drivers cited for 65 or less in a 55 or 60 mph zone: CDL... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Should I fight my rear end or plea no contest and hope for reduced sentencing?

I rear ended someone while I was looking in the mirrors. I was in stop and go traffic so I wasn't speeding. When the police officer arrived much later in my shock I spouted some nonsense on what happened on my distance. I was cited with "duty to drive with due care" rather than... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 4, 2023

It's personal decision. I would fight every traffic charge in an effort to either avoid a conviction being certified to the driver's license record. And having a clean record for the past 3-5 years will help in that effort. Also, any time a person is involved in a traffic collusion,... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can a cop use a rear radar detector while they are driving in Minnesota?

A cop clocked me while I was driving behind them and I heard somewhere that cops in Minnesota cannot do this.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 21, 2022

Police can have RADAR speed measuring devices with a rear facing antenna, but not all do. A common issue with RADAR-based speed enforcement is the police officer's basis for identifying which vehicle was being measured by the RADAR machine. That issue tends to be situation specific (e.g.,... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota if you are not home, do cops have to call you before issuing a citation?

My vehicle was parked on the road in front of our house. We left early morning on a Friday morning for a family emergency in another state. On Saturday night the cops issued a warning and left it on my car that I had to remove it in twelve hours. I was in another state and we did not get back home... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2022

To my knowledge there is no obligation to notify the owner before issuing the citation, but I would assume that you were ticketed for violating some local ordinance in Austin. I'd take a look at the specific ordinance and see that is addressed. But I would guess that the failure to contact... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pulled over on private property for a traffic stop?

The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 7, 2022

The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pulled over on private property for a traffic stop?

The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 8, 2022

I would look at the police officer's claimed basis for the traffic stop. Pursuit onto private property, alone, is unlikely to be a defense winning issue, however. You lawyer will look at the basis for the stop, for the roadside investigation, for the searches, and for the arrest, as well as... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

That alone would not likely result in dismissal of the charge. It could result in amendment of the charge. I'd suggest setting a goal for outcome. Then try to achieve that goal. If that cannot be done via discussion with the prosecutor, then set it for trial and try to win the case before... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 29, 2022

The officer doesn't enter the citation into the Court system. That is done by court administration. This is unlikely to result in dismissal. The citation would simply get amended.

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son got 2 speeding tickets in less than 6 months (10 over the limit). What is the impact on License?

He had gotten another one about year and a half ago

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

Minnesota Rules 7409.2200 HABITUAL VIOLATORS, directs the Minnesota Department of Public Safety to suspend the driver's license for 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

(1) four [petty or worse]...
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