Saint Paul, MN asked in Traffic Tickets for Minnesota

Q: What are the chances I would win if I take it to court, (especially given the covid-19 situation).

Cop was driving in the opposite direction and made a U-turn. By the time he flashed his lights, the speed limit had changed from 35 to 45 after a right turn. He claimed I was going 50 in a 35 (before the right turn), but I'm sure I wasn't going more than 45. He did end up giving me a citation for going 10 miles over. This is my first violation and the "deal" the hearing officer offered me was to pay double the fine and not get any new violations for a year to keep it off my record. This is my first violation. It's considered a misdemeanor and I don't want to have to answer "yes" when I'm applying to medical school. Should I just accept the CFR or do I have a good chance at a better deal in court?

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

A: Most people facing a typical speeding ticket set a goal of keeping a conviction off of their driver's license record. Avoiding a "conviction" will do that. That's because the court will only "certify" a vehicle or driving-related offense to the Minnesota Department of Public Safety in the event of a "conviction." So, a "conviction" is the trigger most wish to avoid. There are a few different ways to avoid a conviction in a speeding ticket case. One of the most common, and in many ways the best, is often called a "Continuance For Dismissal" (or, "Continuance WithOut a Plea" or in some states "deferred prosecution.") A "Continuance for Dismissal" agreement typically includes: no guilty plea, waiver of right to speedy trial, dismissal 12 months after date of agreement filed in court, conditioned on "no same or similar" offenses or violations, and immediate payment of prosecution or court costs. The value of avoiding a conviction is significantly higher than the prosecution or court costs paid. If you have more questions, I invite you to read my web-pages on fighting speeding tickets, or to call me.

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

A: The CFR would keep it off of your record. That seems like a reasonable disposition. There is no guarantee that taking the matter to court will get you a better result. The COVID-19 issues will not have any effect whatsoever on things. Court dates are simply being delayed because of the pandemic so its not as if your case will simply be dismissed.

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