Ask a Question

Get free answers to your Traffic Tickets legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Traffic Tickets Questions & Answers
1 Answer | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: The snow was on my rear windshield I am unsure as to if the charge is even correct under that statue.

I had snow on my rear windshield that does not have windshield wipers (only the back doesn't) during a snowstorm yesterday and was able to see out of all 4 side windows and my front windshield. I got pulled over and got a citation. Subd. 3.Defrosting requirement. No person shall drive any... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 8, 2019

You could call a Driver Evaluator at the Minnesota Department of Public Safety to ask if it would go on your drivers license record (moving violation). If not, then it's mainly just the fine. You could fight it on the grounds that your car does have the ability to clear the rear windshield... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In MINNESOTA, how old does the licensed driver have to be for a 20 year old with a permit?
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 30, 2019

From Minnesota Dept. of Public Safety website:

"If you are 19 or older, you must practice driving with an adult licensed driver for at least three months

before taking a driving test."

"An adult" is someone 18 years old or older....
View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What does "strict liability offense" mean in the context of traffic tickets?
Thomas C Gallagher
Thomas C Gallagher
answered on Dec 18, 2018

A basic requirement of criminal law is that every crime must have an element of criminal intent. Strict liability is associated with civil lawsuits where intent is not required for liability to attach to the person who caused the harm. Though there are a few cases that claim "strict... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: There is a bad snow storm happening with significant wet snow. I was trying to make the turn onto my street.

I was driving very slowly but there was no stopping, the car kept sliding on slusshy snow and hit the pole holding the street names. The pole tilted a bit. Not realizing how much damage had happened to my car, I drove the one block to my house. Now, I can see the extent of the damage and it is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 1, 2018

You could call and check with police. Whether they want to respond directly may depend on the amount of damage to the sign pole. You may want to check with your insurance company to see if you have coverage, and whether they need a police report. They might not other than a hit & run hitting... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What type of circumstances would warrant having to go to jail after driving above the speed limit?
Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2018

It's difficult to imagine circumstances where a person would be sentenced to jail time for speeding alone. First, it's likely that 99% of all speeding tickets are petty misdemeanor charges. The maximum penalty for a petty misdemeanor in Minnesota is a fine only; no jail time at all is... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Are there any traffic violations that constitute felonies? What are they?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 5, 2018

Felony DWI, Criminal Vehicle Homicide/Operation are two obvious ones but they are not really considered traffic violations.

View More Answers

1 Answer | Asked in Criminal Law, Traffic Tickets, Juvenile Law and Municipal Law for Minnesota on
Q: I had a municipal marijuana charge in Missouri when I was 17 out of state and now I'm 18 but wasn't able to make it to

Court when I was 17. I don't know what happend to the charge, would it get dropped or would I have a warrant for my arrest out there?

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 16, 2018

If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket for going 123mph in a 70mph in Clinton county MO. I’m 17 and from MN. Will I go to jail?

I hired a lawyer in Missouri. The prosecutor in Missouri told him I have to do 48 hours in jail. On my court date, the ticket was still not on docket and the prosecutor hadn’t received it. Why?

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 14, 2018

If it's a Missouri case then it will be handled in Missouri courts under Missouri laws with Missouri lawyers and court officials. A Minnesota lawyer would not be in a good position to answer this question. If you have a lawyer already, that would be the first place to go for answers. If you... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: If I got a speeding ticket 42 mph in 30 mph zone, will the ticket go to my record? Some speeding ticket dont go to recor

I believe there is some statue in minnesota that if you get a speeding ticket in X zone, the ticket doesnt go to your record.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 25, 2018

The so-called "Dimler speed law" only applies to drivers accused of going 65 or less in a 55 or 60 mph zone. Those won't go on a non-CDL, Minnesota drivers license record by statute. But that law does not apply in 30 mph zone, unfortunately. You may be able to keep it off your... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My husband recieved a seat belt ticket. The ticket was made out to me. I was at work. Will they throw it out?

The car is registered in my name, it was a printed ticket not hand written. I think he should go to court because the ticket was handed to him and he thinks I should go because the ticket was made out to me even though I was at work and didn't even drive that car that day. Do you think the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 22, 2018

Does a seat belt ticket affect a person's drivers license or insurance? I doubt it. It's mainly just a fine. If I was issued a seat belt ticket, I'd consider just paying it. But if you go to court, perhaps the prosecutor will dismiss it against you since you were not driving or... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Minnesota on
Q: My friend got his license taken because of a alcohol related offence but he never got charged with the offence

He was charged with a offence but it was not alcohol related it was one of the initial charges but they dropped the one charge an it had nothing to do with alcohol but they still took his licence

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 20, 2018

In Minnesota we have a law commonly called the "implied consent law." It allows the government to administratively revoke a person's drivers license if a police officer claims to have arrested the person on probable cause DUI and then the person either refused a chemical test for... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Cops were taking photos of people driving in a “bus only lane.” Can the photo be used to issue a ticket?

Can they use the photo to send a ticket in the mail? It was 3:05 and the lane was set to be adjusted at 3:00. I’ve never seen this before. Mainly concerned about getting a possible citation in the mail. There were 5-7 vehicles in the lane and photos were quickly snapped of each vehicle as it... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 11, 2018

A big problem with attempts to enforce traffic laws with only photographs is identity. Typically, the vehicle and plate number can be documented, and linked to the owner. But the driver can rarely if ever be identified. That's why police officers cannot be replaced with cameras. If the... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Not coming to a complete stop. I want to push it to a jury trial, court says it is not a crime. How is it not a crime?

Curious as to why it is not considered a crime. Seems like another state favored loophole to extort people quickly.

EDIT

Came to a stop - very briefly. Not even a full one second. 4 way stop, no other cars at or near intersection. I do not want it on my record, nor do I have the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 11, 2018

I'm not sure that I understand your question. But you are required to come to a complete stop at a stop sign. I do not see many folks ticketed with it unless an accident occurs. But then the charge is usually careless driving or failure to yield rather than failure to come to a complete stop.

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can a officer issue a ticket 5 months later for no proof of insurance stop back in march
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2018

The question implies that this has, in fact, been done? While it's possible delay in charging might help defend the case, a defense lawyer like me would need all available facts and information to determine legal issues favorable to the defense. That one fact alone, without more, would not... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I received a few tickets back in 2010/2011, is there a statute of limitations on how long those charges remain?

It was for driving while suspended (2 tickets) And driving with no insurance (1 ticket).

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2018

A statute of limitations limits the time period for filing a criminal accusation. As long as the charge was filed with the court within the limitations period, the statute of limitations would not provide a defense. Older cases tend to become difficult for prosecutors to prove, however, for... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: From Illinois: speeding 88 in a 70 in Jackson county, MN. Any way to keep this off my record?

I have 2 previous tickets from 2 years ago. I don’t mind pleading guilty and paying the fine, but would like to keep this ticket off my record if possible via fighting it or some other method. What are my options? (Not able to return here for court)

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2018

I would suggest a phone call to a criminal defense lawyer in or near Jackson County to discuss. Sometimes we can settle traffic cases favorably without out-of-state people having to return, but there are local differences.

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota,stopped for allegedly going 64 in 50. Can I fight this on my own and win? If I lose how bad is the penalty?

There were busy traffic conditions and I feel strongly that I was following the flow of traffic. Also, this was just outside of a town in Nicollet County and I hadn't seen any 50mph signs since passing through the town area, but the trooper stopped me just before a 65mph sign. I asked the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 14, 2018

The issue is not whether you were issued a ticket because of your prior record vs. just getting a warning. The State has to prove that the speed limit was 50 mph and that you were driving faster than that. I don't honestly see driving with the flow of traffic as being a defense. But... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can a ticket for giving a ficticious insurance card be amended and changed to a driving with no insurance when I went to

A friend was pulled over gave po DL he asked for insurance card, she looked didnt have told him this is the only card i have, and said it is not even for this vehicle, he took it went back to his car came back gave me card back then asked for card back she complied went to his car again wrote... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 6, 2018

Sort answer: yes, a prosecutor generally can amend criminal charges.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I have a work permit to drive only to and from work, can I ride with my child with a learners permit as licensed driver?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 6, 2018

You could call a "Driver Evaluator" at the Minnesota Department of Public Safety for a definitive answer. My recollection is that a person driving with a Minnesota learner's permit is legal to drive only with a licensed driver 18 years older or older. Since a person with a... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: I got a ticket and was in an accident 2.5 years ago. I’m trying to get onto my works auto insurance. Anyway to clean up?

I want to get my record cleared 6 months earlier then the 3 year normal period.

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 20, 2018

There is no way to age traffic violations on a person's drivers license record with Minnesota Department of Public Safety, faster than time passing in the normal way.

The only way to solve that problem would be to file a motion to reopen the case with the court, get the court to allow...
View More

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.