Duluth, MN asked in Traffic Tickets for Minnesota

Q: I was pulled over at 11:02pm by a state trooper on I35. He claimed to be following me for 2 miles. But his head lights

Were off until he initiated the stop. He also said my speed was between 70-75mph and never gave me a definite speed . The he said he would bring it down to 65mph. Would either of these things help my case against the speeding ticket he gave me?

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

A: Those facts alone don't sound like enough for a defense win. But when we work up a defense case, we seek every fact. Then we analyze all the facts for potential defenses that could win the case. If the your goal is to keep it off your driver's license record, and if the officer exercised discretion writing it up as a 65 in a 60, or a 65 in a 55 mph zone; then the conviction (if you paid it) would stay off the DL record for most people. (See my website for more on "the Dimmler Amendment" or "the Dimmler law" in Minnesota.)

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

A: Nothing you describe is necessarily a defense to the charge, but having access to the police report and the dash cam footage would be key in determining what if any defenses you might have. An attorney get these from the prosecutor once you decide to retain an attorney. You should do that sooner rather than later if you are considering hiring counsel.

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