Renville, MN asked in Traffic Tickets for Minnesota

Q: Is there a statue of limitation on how long the police officer has to file a speeding ticket?

My son got a speeding ticket in May for going 40 in a 30 in MN. When trying to pay it the court house could not find it. We had waited the 7 business days. We also called the number that it gives on the paper citation and they couldn’t find it either. We called the court house again and they still couldn’t find it. We called the number on the citation a couple more times, as it was recommended, throughout the month of June. Still nothing. We finally called the Renville County police department and they said that it hasn’t been filled yet. But would get it to the county attorney (he files the tickets). Still there was nothing. I understand that they are suppose to have the ticket filled within 10 days. It just got filled when looking it up now. Can he fight this ticket?

Related Topics:
1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Usually three years, under Minnesota Statutes Section 628.26. But in my view, everyone should always fight every speeding ticket. Why not? What's the worst that can happen? It goes on your driver's license record. The only possibility of preventing that is by fighting it. If he has a clean record, many prosecutors will offer a "continuance for Dismissal WithOut a Plea (CWOP), conditioned upon payment of court-prosecution costs and no same or similar violations for a year. If they won't offer a way to keep it off the driver's license record, always demand a trial. Again, nothing to lose. Of course, a lawyer will help, but even without one -- fight it!

Jonathan Matthew Holson agrees with this answer

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.