Maple Lake, MN asked in Criminal Law for Minnesota

Q: Received a citation in the mail, date of offense is incorrect and no option for court.

I was the passenger of vehicle that was pulled over for speeding. I had small amount (less than gram) of marijuana on me and a jello shot in my purse. both of which are my charges 152.027.4(a) 340A.503.3. The date on the ticket is 12/6/18, the offense took place on 11/21/18. Why is the wrong date being listed? And can I fight it just for this reason alone? Also ticket was mailed with a letter from the sheriff's dept, letter is dated 1/10/19, post marked 1/17/19. I opened letter today 1/21/19. The fine is being listed due today! plus a late fee has already been added. There is no option of court date to attend. I don't have the entire fine amount to pay all of it today. What are my options? I am 18 and a full-time college student.

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Depending on the county where this offense occurred, you need to see a hearing officer before a court date will be set. You should contact the telephone number on the citation if you wish to get a court date set. I doubt that a clerical error on the ticket means that the charge will be dismissed. Typically squad cars are equipped with dash cams which should depict what occurred on the date of offense that may back up the officer's factual claims - date error aside. BUt you could try getting a court date and if nothing else you should be able to get the late fee waived.

1 user found this answer helpful

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

A: Call the Court Administrator. The number should be on the ticket. If not, find it online. When you call, talk to a real person about setting up a court date. In some counties, they may make you see a "hearing officer" first. If so, make an appointment to see a "hearing officer." Once you have either of those scheduled, the court will consider you to be responding appropriately and the matter will be pending court. Since you are charged with crimes, you should be able to get a Public Defender if you qualify based on income. Whether you use a private defense attorney or a public defender, consider a goal of keep any conviction for anything marijuana-related off your record. Keep in mind that a conviction for Over 1.4 grams Marijuana in a Motor Vehicle or for Open Container of Alcohol, will go on your drivers license record and trigger a drivers license revocation of at least 30 days. The Marijuana in a Motor Vehicle charge should be dismissed based on the facts you've stated here.

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