Q: Hennepin county, speeding 71 in a 55. Misdemeanor. Possible to have this dropped to a petty to stay off record? Steps?
First speeding ticket in 6-8 years. Mandatory court appearance and a misdemeanor. I work downtown near the government plaza and could stop in if beneficial. I have a good career and would not want a moving violation (16 over, was being careless) to impact promotions where they sometimes run additional background checks if it has been X years from the last one.
Any advice is greatly appreciated. Thank you for your time.
A: Most seek to prevent a moving violation from ending upon their drivers license record, for several reasons. If convicted of a driving-related crime or petty misdemeanor, the Court Administrator will "certify" (send) the record of that conviction to the Minnesota Department of Public Safety. Therefore to achieve the desired result, one must prevent a conviction for a driving or vehicle related violation or crime, in court. The main exception to that rule for Minnesota licensed drivers is what we call a "Dimmler Amendment" speeding conviction for 65 mph or less in a 55 or 60 mph zone only. A person can try this on their own without a lawyer, or retain a lawyer to help. It's better to have a defense lawyer. At court, you or your lawyer can discuss possible settlement with the prosecuting attorney. On the defense side, hopefully an agreement that fits the above criteria can be reached. If not, set the case on for a continued First Appearance date (to come back with a lawyer) if possible; or set it for a court trial date. You or your lawyer should then prepare for trial by getting discovery, identifying the best defense given the facts of the case, and otherwise planning the trial. Sometimes success will be achieved by agreement on the trial date. If not, make the best effort at winning the trial. For more on this, see information on my websites or call me.
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