Q: Speeding ticket for 70 in a 60 in MN. Clean record for previous 5.5 years. Can I get a continuance for dismissal?
I haven’t had a speeding ticket in 5.5 years. I don’t mind paying the fine, I would like to avoid the insurance hike. Is it possible to get a continuance for dismissal based on my driving record or will previous tickets remove that option altogether? Ticket was issued in Steele County, MN.
A: The bigger issue for you is the county where the citation was issued. Not all counties give continuances for dismissal during the negotiation process. They are far harder to come by the further from the metro that you get. Steele County may not offer continuances for dismissal as a matter of policy, but it certainly cannot hurt to ask. Set the case for an arraignment and see what happens.
A: If it were me, I would contest the speeding citation, set a court appearance date. Then talk to the prosecuting attorney to see if they are willing to settle the case in a way that avoids a "conviction" (since "conviction" trigger a certification to Minnesota Department of Public Safety for inclusion on the DL record). Alternatively, a "Dimmler speed" conviction of 65 or less in a 60 mph or 55 mph zone, would not go on the driver's Minnesota DL record (assuming Minnesota DL, Minnesota resident, no CDL). If the prosecuting attorney is unwilling, then I would set it for a court trial and try to win the trial. Speeding measuring devices are not always accurate. Ten over at 60mph could result from a RADAR issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.