Q: Can a careless driving on street or highway charge be prosecuted when the offense was driving on a sidewalk?
Someone I know received a ticket for careless driving on a street or highway which is a misdemeanor.
As it happens they were not driving carelessly, or on a street or highway. Rather they were driving on a sidewalk (large sidewalk). The law specifies street or highway for a careless driving violation. Also, would the prosecutor be able to change the charge on the ticket to something else?
A: First, someone you know should be addressing this issue themself. They can certainly contact an attorney if they wish to challenge the ticket. But in any event, this person certainly is at risk for a conviction for a conviction for their driving conduct. The prosecutor could certainly amend the citation to a different offense other than careless driving. Frankly, I would think that driving one a sidewalk, large or otherwise, would constitute reckless driving given the risk that the vehicle could hit a pedestrian or damage property that is on the sidewalk including potentially hitting a building or other property on or attached to the sidewalk.
A: Minnesota's careless driving offense mentions "upon any street or highway;" but Minnesota's reckless driving offense does not. See Minnesota Statutes Sec. 609.13, subd. 2 vs subd. 1. A prosecutor can amend the charge, until the trial starts, if the facts support the amendment. So that would not likely be a good defense. But, there may be other defenses. You'll benefit from the help of a criminal defense attorney. Get on the phone!
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