Saint Michael, MN asked in Traffic Tickets for Minnesota

Q: Not coming to a complete stop. I want to push it to a jury trial, court says it is not a crime. How is it not a crime?

Curious as to why it is not considered a crime. Seems like another state favored loophole to extort people quickly.

EDIT

Came to a stop - very briefly. Not even a full one second. 4 way stop, no other cars at or near intersection. I do not want it on my record, nor do I have the cash to be extorted. Would love to push it to jury trial to cause a pain to the court as well as most likely have it dismissed. What other ways or tactics can be used to get it dismissed?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Traffic Tickets Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: I'm not sure that I understand your question. But you are required to come to a complete stop at a stop sign. I do not see many folks ticketed with it unless an accident occurs. But then the charge is usually careless driving or failure to yield rather than failure to come to a complete stop.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The question is not clear. If this is about a petty misdemeanor fail to stop at a stop sign ticket, then it is correct that a "petty misdemeanor" is by definition "not a crime." Why? Because a police officer cannot arrest a person for a petty misdemeanor. A Court cannot sentence and jail time for a petty misdemeanor. The only penalty is a fine. That makes it non-criminal.

However, a petty misdemeanor violation, once the driver is adjudicated "guilty," is a "conviction." That ambiguity is one of several reasons it's a good idea to try to prevent even a petty misdemeanor from becoming a conviction.

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