Kimball, MN asked in Traffic Tickets for Minnesota

Q: Letter for license being suspended for no proof of insurance.

My son was ticketed for running a red light. He couldn’t find his insurance card at the time of the stop and now has received a letter stating his license will be suspended for 30 days. He can prove he had insurance, he’s never had a lapse in insurance and he has a clean driving record. If he can prove he was insured will they still move forward with the 30 day suspension

Related Topics:
2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Traffic Tickets Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: Sounds to me as if he must’ve plead guilty to the charge. He will have to seek a plea withdrawal to avoid the suspension period. He should contact an attorney for help.

Tim Akpinar agrees with this answer

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

A: It sounds like he must have been convicted of no insurance, by the court. The solution is to undo that conviction, in court (not the "Minnesota Department of Public Safety"). He can download a form from the Minnesota courts website for a "Motion to Withdraw Guilty Plea." He will need to find and use the "Court File Number" for his case, to do so. When he's completed it, he can go to the courthouse in the County where he got the ticket, to file it and get a court date for his motion. At the court appearance, he can bring his proof of insurance coverage in effect on the date of the ticket. It could help to have a letter from his insurance agent saying as much, but he will need to bring proof of insurance that day. The prosecutor will likely agree to ask the judge to withdraw the "guilty plea," vacate the conviction. The judge will need to order the Court Administrator to "de-certify" the conviction by send a notice of de-certification to the "Minnesota Department of Public Safety." After the Department gets that notice, they will delete the conviction from his driver's record, and end the license suspension. In the meantime, he should avoid driving with a suspended license, which would create another problem. Of course, he could hire a lawyer for help with this, but many could do this without a lawyer.

Tim Akpinar 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.