Saint Paul, MN asked in Traffic Tickets for Minnesota

Q: Is a Failure to Stop for Pedestrian in Crosswalk the same or similar to moving violations while driving?

My husband is going to lose his license as a "habitual violator" from a failure to stop for a pedestrian in a crosswalk ticket which was deferred as long as no same or similar ticket was received in 12 months time. Since that time, he was issued a failure to stop at a stop sign, a careless driving and a speed 35 in a 30 so the deferred pedestrian in the crosswalk ticket was reinstated. We were under the impression that these are different violations, and would not be considered "same or similar." It would cause him to lose his job if he loses his license for 30 days.

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

A: It’s hard to say for sure without seeing the deferred prosecution agreement, but typically such an agreement calls for no moving violations. Get a copy of that to make sure what the agreement actually was.

Tim Akpinar agrees with this answer

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

A: My past clients facing a "habitual violator" license suspension or revocation have had a priority goal of trying to avoid the loss of license. To accomplish that sometimes it's enough to avoid or undo one or more of the traffic violations. It might not matter which one, as long as the total number or violations is too few to trigger the "habitual violator" action by the Minnesota Department of Public Safety. He may wish to consult an attorney about this. If he does, he can call me.

Tim Akpinar agrees with this answer

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