Q: issued a citation for speeding shortly after crossing a state border and entering Minnesota where speed limits vary.
Our speed limits change from 55, 60 or 65. If the location listed on the citation isn’t accurate how can he defend himself in court to prove otherwise? Would this be grounds to void the citation?
A: Not listing the location is not necessarily fatal to a citation so long as it indicates where - as in town/township and county where the offense occurred. Along with the citation there will be police reports and likely squad video as well which are more specific about the location where the offense occurred.
A: Yes. Minnesota Statutes require posted signs for speed limits on a highway before a person can be held responsible for them. The location listed on the citation may or may not be accurate, and that might help the defense depending upon other factors, at trial. However, an inaccurate location on the citation would not likely be grounds a judge would accept to dismiss a traffic charge, in most situations.
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.