Q: In Minnesota,stopped for allegedly going 64 in 50. Can I fight this on my own and win? If I lose how bad is the penalty?
There were busy traffic conditions and I feel strongly that I was following the flow of traffic. Also, this was just outside of a town in Nicollet County and I hadn't seen any 50mph signs since passing through the town area, but the trooper stopped me just before a 65mph sign. I asked the officer if she was sure it was me that was clocked and went on to suggest that since it was busier traffic it may have been someone else. Given this uncertainty I asked if an exception could be made. It seemed she uncertain as well and decided to check against my record to determine whether or not I should receive a ticket. I had prior tickets so I feel that it was unfair to judge on this isolated misunderstanding based solely on that criteria. Would this be a sufficient argument to win/dismiss the case?
A: The issue is not whether you were issued a ticket because of your prior record vs. just getting a warning. The State has to prove that the speed limit was 50 mph and that you were driving faster than that. I don't honestly see driving with the flow of traffic as being a defense. But certainly whether you were clocked vs. another driver is relevant. Be aware that some of the squads have dash cams that are also equipped with GPS so that might show how fast the tropper was driving to catch up with you.
A:
First, most want the outcome of keeping a speeding violation of their drivers license record. There is more than one way to do that. One way works for a 65 mph or less violation in a 55 mph or 60 mph limit zone only, per statute (often referred to as "the Dimmler Amendment" in Minnesota). (Note it may not work for folks who do not have a Minnesota issued drivers license.) Though you were tagged in a 50 mph zone, the prosecutor might agree to amend it to a 64 in a 55 mph zone, which would then make a it a "Dimmler" speed which Minnesota DPS would not put on the drivers license record. A prosecutor could also agree to a "continuance for Dismissal" conditioned on no same or similar violation for a year and payment of court costs (usually higher than what the fine would have been).
In terms of defenses at trial, where other vehicles were present proof that the correct vehicle was stopped vs the one measured on RADAR can be one of the better defenses, for several reasons. Inadequate signage can also be a winning defense where the facts support it. You'll generally do better with a lawyer's help, but I encourage everyone to fight their traffic tickets with or without a lawyer.
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