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

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

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.

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

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

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

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

Too many Minnesota moving violations within a 12 or 24 month period will result in suspension or revocation of drivers license. Unpaid fines alone should not result in license loss. But the state can add collection fees, and do credit collection activities that can be damaging. Better to pay... View More

You should absolutely go to court. If you don't have anything else on your record, you should be able to do something so that it does not go on your driving record so long as you pay a fine/costs and don't get any additional tickets for a year to six months. Well worth the trip to court.

The government does not need a driver or other person to sign a citation, which is a summons to appear in court. For a petty misdemeanor failure to respond results in a conviction by default. You can look up the citation number on the Minnesota courts website to see if or when it is entered into... View More

Judges almost never take drivers licenses. Rather, the Minnesota Department of Public Safety administers drviers licenses. One way to get your drivers license ("DL") revoked to is be deemed a "habitual violator" under the administrative rules for the Minnesota Department of... View More

Most seek to prevent a moving violation from ending upon their drivers license record, for several reasons. If convicted of a driving-related crime or petty misdemeanor, the Court Administrator will "certify" (send) the record of that conviction to the Minnesota Department of Public... View More

Not enough information here to form an answer. A phone call may work better. In general, if a drivers license revocation has been triggered by a traffic-related conviction where the driver did not appear in court ordid not have a lawyer, a motion to re-open might be considered.

My understanding of how the Interstate Compact on Drivers Licenses work is that:

1. Step one: a driver is convicted of a driving-related offense in court (either by paying the fine, pleading guilty, losing a trial, or by default in the case of a non-criminal, petty misdemeanor.... View More

Basically, no. The exception can be where there is a reason compelling enough to convince a judge to inconvenience the witnesses and the prosecutor, such as publicity in a high-profile case. Rare.

1. Ideally, have a defense lawyer represent you.

2. Don't discuss what happened or defenses.

3. Focus on the desired outcome, "keeping it off my drivers license record" and willingness to pay.

4. If prosecutor will not offer an outcome that will stay off the DL record, set it for trial.

Under the common law "misdemeanor arrest presence rule" a police officer must witness the misdemeanor or else cannot arrest for it. But the police officer can issue a citation or summons to court on a misdemeanor (much less inconvenient than being arrested). Your description sounds like... View More

My view is go to court on each and every traffic citation to try to keep it off the drivers license record. Whether it was easy or not is best viewed afterwards. Always fight every one to the maximum. Step one is try to get the prosecution to agree to your desired outcome, and be willing to pay.... View More

It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court.... View More

A person who has never had a drivers license can get a suspended license, usually due to a driving-related conviction. If the person then drives anyway, they could be charged with the crime of Driving After Suspension.