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?

Related Topics:
2 Lawyer Answers

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.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.