Asked in Traffic Tickets for Minnesota

Q: Son driving my car in MN Pass lane, didn't know the transponder was off. Stopped and ticketed. Options to contest?

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2 Lawyer Answers

Thomas C Gallagher

Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I would try to determine if this is a violation that could trigger a license revocation (if too many within a year, for example), or an increase in insurance rates. If so, I would set a goal of keeping it off my driver's license record. The way to do that is through the court - by preventing a conviction. There is more than one way to prevent a conviction. The most common in a traffic case is called by different names including a "Contiuance WithOut a Plea" (CWOP) with conditions. If the prosecutor agrees to a CWOP, typically conditions include "no same or similar violations" over the following year, and payment of court-prosecution costs (usually equal to or more than the usual fine). You can go to court with or without a lawyer.

1 user found this answer helpful

Jonathan Matthew Holson

Answered
  • Traffic Tickets Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: Go to court and see if you can keep it off of your son's record. If his driving record is reasonably clean, the prosecutor will likely agree to a disposition whereby nothing goes on his record. You may be able to do even better if you can establish that he had the transponder and simply did not have it on vs. driving in the HOV lane without a transponder.

1 user found this answer helpful

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