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Minnesota Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Car put in my name I didn't proceed with purchase yet it's showing under me a ticket issued out of state

Ticket issue to me, registration under me even now I either want the vehicle at this point or be compensated the value due to this matter, the vehicle register says I own it I’m not sure who the actual owner is but the car says it’s registered to me this is fraud correct ?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 7, 2023

Your question is a little confusing. But you should certainly notify the state where the ticket was issued that you never ended up purchasing the car and you should provide them with information on who the owner is. If you do that, the ticket against you should be dismissed. You could also... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 2, 2023

Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What county matters on a speeding ticket, where your speed was clocked or where you got pulled over?

I was driving north on 169 in Mankato. A trooper was parked on Lake St NW which is in Blue Earth County where he tagged me for speeding but I stopped in Nicollet County less than a half mile up the road. The case was sent to Nicollet County but the prosecutor won't deal with me on a no same no... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2023

Normally a criminal or traffic case will be properly venued where the alleged incident happened. If a case is filed in a different state or county, the defendant could move the judge for an Order dismissing or changing venue. You could look for a form on the court's website, or consult (or... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got a moving violation for running red light.....I have clean driving record, entered intersection when yellow,

also wife agrees with this and officer had wrong intersection in citation.....hearing officer said I could pay $225 for ticket and have it removed with no issues in year, pay for ticket or argue in court/via phone ......what do you suggest, do I have chance if fight it or should I take $225 deal?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2023

Most people want to prevent a traffic violation conviction, in order to prevent one being added to their Minnesota driver's license record as a moving violation. If the defendant can resolve their traffic case with a "Continuance Without a Plea" ("CWOP") a/k/a a... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Should I go to court for speeding ticket that was reduced by the St. trooper under the Dimler amendment?

Trooper got me on radar going 76 in a 60mph zone. I was on a 2 way highway but in a passing zone so I had sped up to overtake the vehicle in the slow(right) lane. The officer entered the violation as 65 in a 60mph zone stating the Dimler amendment was applicable. Is it worth going to court to try... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2023

Many people prioritize keeping a speeding ticket conviction off of the their DRIVER'S LICENSE record. Minnesota's "Dimler speeding provision" can provide an opportunity to do just that. But it may not always apply for all drivers cited for 65 or less in a 55 or 60 mph zone: CDL... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Doing 74 in a 65mph speed limit. Does this go on my record? If so, how do I get it off? Will my insurance be notified?
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2023

In Minnesota, a conviction for speeding 74 in a 65mph speed limit would bo on the court's record and the Driver's License Record. (Then the insurance companies will know.) The way to avoid that would be to set up a court appearance rather than pay the fine. Then try to resolve the case... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Should I fight my rear end or plea no contest and hope for reduced sentencing?

I rear ended someone while I was looking in the mirrors. I was in stop and go traffic so I wasn't speeding. When the police officer arrived much later in my shock I spouted some nonsense on what happened on my distance. I was cited with "duty to drive with due care" rather than... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 4, 2023

It's personal decision. I would fight every traffic charge in an effort to either avoid a conviction being certified to the driver's license record. And having a clean record for the past 3-5 years will help in that effort. Also, any time a person is involved in a traffic collusion,... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Can a cop use a rear radar detector while they are driving in Minnesota?

A cop clocked me while I was driving behind them and I heard somewhere that cops in Minnesota cannot do this.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 21, 2022

Police can have RADAR speed measuring devices with a rear facing antenna, but not all do. A common issue with RADAR-based speed enforcement is the police officer's basis for identifying which vehicle was being measured by the RADAR machine. That issue tends to be situation specific (e.g.,... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota if you are not home, do cops have to call you before issuing a citation?

My vehicle was parked on the road in front of our house. We left early morning on a Friday morning for a family emergency in another state. On Saturday night the cops issued a warning and left it on my car that I had to remove it in twelve hours. I was in another state and we did not get back home... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 12, 2022

To my knowledge there is no obligation to notify the owner before issuing the citation, but I would assume that you were ticketed for violating some local ordinance in Austin. I'd take a look at the specific ordinance and see that is addressed. But I would guess that the failure to contact... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pulled over on private property for a traffic stop?

The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 7, 2022

The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speed entered into system doesn’t match ticket, what is probable outcome when contesting this?

Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

That alone would not likely result in dismissal of the charge. It could result in amendment of the charge. I'd suggest setting a goal for outcome. Then try to achieve that goal. If that cannot be done via discussion with the prosecutor, then set it for trial and try to win the case before... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son got 2 speeding tickets in less than 6 months (10 over the limit). What is the impact on License?

He had gotten another one about year and a half ago

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2022

Minnesota Rules 7409.2200 HABITUAL VIOLATORS, directs the Minnesota Department of Public Safety to suspend the driver's license for 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

(1) four [petty or worse]...
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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: What is the statute on passing a vehicle in minnesota

I was in a 55mph zone and I passed this vehicle going 77. Ended up being an unmarked cop. He gave me a ticket going 70 in a 55. I looked on line and it said in minnesota you can pass a vehicle going up to 10-15 miles over the speed limit. Is that true?

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2022

Minnesota Statutes section 169.14 , Subd. 2a, increases speed limits when passing by ten miles per hour over the posted speed limit when the driver is on a two-lane highway having one lane for each direction of travel, and certain other conditions apply. But exceeding the posted speed limit... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My Son got a ticket in MN for 169.20.2. But both parties where traveling the same direction. Wrong statue

He was parked on the side of the 4 lane road. He was making a uturn and Uturns are not illegal on this part of the street. Both parties where traveling East. The statue he put down is for on coming traffic but they where both traveling east.the police put MN 169.20.2. It should have been... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2022

When the government prosecutes a person, it commences an adversarial relationship. And so we on the defense side of their prosecution have no duty to help them. If the prosecution lacks evidence for the violation charged, sooner or later, it should be dismissed. But, the prosecution can fairly... View More

2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2022

I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Wrong way down a one way. My mistake. Tesla driver very angry. What trouble can I be in?

It was in a new construction zone. The last time I drove through I didnt have a problem. The road narrowed and curved. I was stuck going the wrong way. I slowed down and let one car pass. Then the next car stopped as I waived him by. He started honking and yelling out his window. The driver... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2022

The question seems to indicate no charges, at least so far. The description sounds like a potential driving the wrong way petty misdemeanor violation, or a careless driving (in disregard of the safety of others) misdemeanor charge. If charged, that would be a good time to retain a defense lawyer.... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If I am to receive a citation I should by law have to sign the citation I was never asked to sign any citation
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 19, 2022

Long ago in Minnesota, police could ask a driver to sign an acknowledgment that they received a copy of a traffic citation. But even then if the driver did not or refused to sign to acknowledge receipt, it made no difference. Today, Minnesota's uniform citation for traffic violations does... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was stopped for driving on suspended license I was not given a copy of said citation or I never signed said citation

Or asked to sign said citation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 19, 2022

You are not required to sign the citation in Minnesota so that is neither here nor there. I would imagine that you are going to be mailed a copy of the citation so you should be looking for that in the mail.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2022

I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How long can police follow someone in MN after they notice a violation but before they actually pull you over?

Recently my wife was pulled over for "yielding" through a stop sign when making a right-turn at a 3-way stop (the cross street has a yield so she assumed the same). She said, however, that the cop didn't flash his lights / blare the siren until she was a few miles down the road (she... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 15, 2022

As a general rule, if anyone can do it so can police. In other words, if anyone can lawfully drive down the road behind another motor vehicle, police officers can too. In that circumstance they would not exercising any special police powers granted them by law. Police can lawfully follow a car,... View More

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