Austin, MN asked in Traffic Tickets for Minnesota

Q: What type of circumstances would warrant having to go to jail after driving above the speed limit?

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

A: It's difficult to imagine circumstances where a person would be sentenced to jail time for speeding alone. First, it's likely that 99% of all speeding tickets are petty misdemeanor charges. The maximum penalty for a petty misdemeanor in Minnesota is a fine only; no jail time at all is possible. Less than one percent of speeding tickets may be charged as a misdemeanor, which means a maximum penalty of a fine and 90 days of jail. But it's rare for anyone to get sentenced to the maximum jail term in any criminal case, for many reasons. I've never seen anyone charged with a misdemeanor speeding offense get any jail time. However, since it is possible, I assume that someone in Minnesota, at some point has been sentenced to do some jail time in one of those rare, misdemeanor speeding cases. If driving is reckless or careless in grossly negligent disregard of the rights and safety of others, that would normally be charged as a misdemeanor Careless Driving charge. If someone was actually hurt as a result of grossly negligent driving, that can be charged as gross misdemeanor or felony Criminal Vehicular Operation. Jail and prison are common for these, but not for just a speeding charge.

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