Minneapolis, MN asked in Traffic Tickets for Minnesota

Q: Speeding ticket (69-60 zone). I would like to get a CFD, how do I approach the PA?

I was stopped by a MN state trooper for speeding (69mph in a 60 zone, noting that the Trooper reduced it from 74). From the point that I turned onto this road to where I was pulled over, there were no speed limit signs (I have a dashcam). I have a clean driving record and the vehicle has Ambulance Volunteer plates (I am a first responder). I do not want a conviction on my record. The PA emailed that he felt after talking to the trooper that he had a solid case.

Am I entitled to review all evidence before making a plea? There were other cases before this court where the accused got a CFD, dismissal or reduction. Can I get a copy of those case files? I would be willing to accept a CFD, but the PA has not replied to my request to discuss this over the phone. What are my rights here and best outcome?

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

A: I won't answer all of those questions here. Instead, I invite your personal phone call to discuss. I will offer a couple tips here, though. Most people don't want a speed conviction on their driver's license record. The two most common results that fit that bill are: 1) Continuance for Dismissal without a plea, with conditions; and 2) a "Dimmler Amendment" 64 in a 60 mph zone conviction. You can read more about those on my website. But neither would result in anything hitting the DL record (unless another violation within 12 months in the case of a CFD). Avoid arguing with the prosecutor. That is counterproductive. If it's important, hire a knowledgeable defense attorney. But fight it, with or without an attorney. Call me for a full discussion.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: Your best bet is to contact a lawyer directly and have a consultation. I don't recommend trying to handle your case based on things you read on the internet. If your goal is to keep your record clean, hiring a lawyer will give you the best chance to do that.

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

A: You are not entitled to the case files from other cases to see what those dispositions were.. You are entitled to the discovery in your case - the citation, the police report, dash cam footage, body cam footage, and any calibration information related to the radar or laser that was used to determine your speed. Ultimately, you cannot :"force" the prosecutor to offer you a CFD. If you dislike the offer that is being extended, your alternative is to push the matter to trial. It sounds as if the trooper already reduced the speed down to less than 10 mph over the speed limit. A straight dismissal seems unlikely unless there are some evidentiary issues in the case. So your best option would be to try to get a CFD. This may require the assistance of an attorney.

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