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
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
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?
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
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
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
He had gotten another one about year and a half ago
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]... View More
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?
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
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
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
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
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
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
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
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
Or asked to sign said citation
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.
Or given opportunity to sign the citation
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
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
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
Offices started following me for a wide left turn, which is not a thing since statute in MN does not specify a lane. However then officer saw me cross fog line and pulled me over? Is this a legitimate stop since everything started on the erroneous assumption by the officer that I made an illegal... View More
answered on Aug 10, 2022
The officer doesn't need a legal reason to follow you. He or she only needs a legally sufficient basis to pull you over. Crossing the fog line could be such a legal basis. But don't take the officer's word for it. You should get an attorney and have the attorney view video of the... View More
I have a Minnesota driver license with no violations. I'm a MN resident but while traveling in IL was issued a speeding ticket in IL. Illinois offers 'court supervision' and attend a 4 hour safety course which IL says would keep my record clean for insurance.
QUESTION: Will... View More
answered on Aug 2, 2022
In Minnesota, if a person is "convicted" of a driving-related offense, then the Court Administrator will "certify the conviction" to the Minnesota Department of Public Safety, which in turn would then place the conviction on the Defendant's Driver's License record. So... View More
Here’s the scenario; I’m in a friends car, my friend is driving and my friend runs a red light or breaks some type of law and we get pulled over. the cop ask for the My friends drivers info and then comes back and asks for my identification do I have to give it to them even tho I haven’t done... View More
answered on Jul 21, 2022
Law enforcement isn't necessarily entitled to identify you in these circumstances. That is very fact specific. They would need reasonable articulable suspicion that you committed a crime to take your DL from you as that is a seizure from a legal perspective.
I was on a motorcycle and he wrote down that I was driving a truck. He also said he clocked me going much faster than I was. Would there be any grounds for dismissal knowing it’s the wrong vehicle?
answered on Jun 18, 2022
No, a clerical error like that can be easily rectified. But there might be other legal or factual issues that could get you out from under the ticket.
answered on Jun 14, 2022
No, the ticket isn’t going to get dismissed simply because it’s your first ticket. There may
be other reason to dismiss the citation, but this isn’t one of them.
(Hypothetical) I simply drove past a Sherriff. Not so simply going 90 in a 60... was not drinking, just not thinking. I am licensed, the vehicle is not registered to me. There is no visual proof attaching me to the vehicle during the time. I parked and got a ride home. Now sheriffs are driving by... View More
answered on Jun 11, 2022
Theoretically possible. But without proof of identity of the driver, a judge would likely find a lack of probable cause for the charge. That a big reason why police stop drivers - to ID them. Of course, if they later admit being the driver when talking to police .... Avoid saying words to police.
i’m in mn, just yesterday i got my 4th speeding ticket i believe? i got it in a different state too?he clocked me going 83 in a 75 but knocked it down to 80 in a 75. my last two speeding tickets were received in april & august of last year, and a “fail to exercise due to care or control”... View More
answered on May 11, 2022
You are looking at your insurance rates going through the roof with this mean tickets on your DL, especially if you keep driving the way that you are. The habitual offender revocation is very date specific. It would be important to have the dates of each of these citations/guilty pleas. The... View More
To her. Two months after the fact a ticket was written to me.
answered on May 10, 2022
Your wife has already asked this same question. The answer remains the same.
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.