Saint Paul, MN asked in Traffic Tickets for Minnesota

Q: Pulled over for speeding and issued multiple citations. Not sure the officer knew who he was pulling over

Merged onto I-94 only to see troopers in the median. unsure of my speed but know I was moving with the flow of traffic. Trooper claims 20mph, but before pulling me over he was going in and out of traffic switching lanes racing down the road for ~0.5-1 mile. He then decides to move to the left shoulder and as I passed he entered the congested traffic and decided to pull me over. This occurred in fairly heavy traffic and I drive a white truck so I’m not convinced I was the initial target, but even then the trooper never asked for insurance, registration, or any other background information. He shows up at the drive side door and immediately begins testing the window tint on my car and ends up issuing a citation for that as well as speeding. I gave the trooper my license he went to his car then I noticed he’s under my truck looking at the exhaust. Finally he comes back with a ticket for 20 over, tint, and warning for “improper muffler function.” Could this qualify for dismissal

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

A: Ultimately, the officer only needs reasonable articulable suspicion to pul you over. There would be a police report and either dash cam footage, body cam footage or both of the traffic stop. It is impossible to know why you were pulled over without accessing that information. You can certainly request copies of the police reports and video footage yourself or better yet hire an attorney to review those items to determine the legitimacy of the traffic stop.

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

A: Most people fight traffic tickets in order to prevent a conviction, which would go on their driver's license record. To do that, instead of paying the ticket(s), you or your lawyer schedules a court appearance. At the court appearance, you or your lawyer can explore a potential settlement agreement with the prosecuting attorney. A clean prior record is helpful. (And a big reason why people want to keep it clean.) If the prosecutor is unwilling to satisfy defense requirements, then we set the case for a trial before a judge. Prior to that we request discovery - police reports, speed device records, videos - from the prosecutor. At the trial we pursue the best defenses available given the facts and the law. Vehicle mis-identification by police can be a winning defense when the facts are there. But many many other defenses may be better - depending upon all the facts. Only a defense attorney with all the facts can determine the most applicable law and best defense. So bottom line, I suggest maximum effort to fight every traffic charge. And that means with a lawyer. But do it anyway, even if you do without.

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