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Minnesota Traffic Tickets Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 7, 2024

The exhibition driving is going to be a huge issue for your insurance. I would suggest doing what you can to negotiate that ticket down. It looks like you are in Hennepin County, so there is a far greater likelihood that they may be willing to agree to keep it off of her driving record assuming... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

First, I'd look at the consequences for various violations. For example, a parking ticket should have no significant long term implications. Just pay it. But "Exhibition Driving" on the driver's license record could trigger future problems with insurance and police. So... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My wife got a speed citation. Many details are incorrect including the date, time, plate number, make, color. What to do

My wife received a speeding citation for 72 in a 55 in Hennepin Cty, MN. She believes she was speeding, but like 65 not 72. (72 in a 55 would be out of character for her). The officer gave her the citation and the Date is off by 2 days, time is off by 5 hours (plus the 2 days of course) Vehicle... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 19, 2024

Typically, if the driver or her lawyer alert the prosecutor to inadvertent errors on the citation by the officer, they will then amend to fix those errors. This removes potential benefits to the driver. A better approach may be to never mention those errors until in the midst of a trial, when it... View More

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?

My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is... View More

T. Augustus Claus
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answered on Jan 16, 2024

In general, law enforcement officers have the authority to issue tickets or citations when they observe a violation of traffic laws, even if the initial observation occurs outside of a daycare facility. However, the manner in which the officer approached and issued the ticket may raise questions... View More

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?

My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is... View More

Robert Kane
Robert Kane
answered on Jan 16, 2024

Yes, police can come into a daycare to issue a ticket. The officer probably decided it would be best if others could watch the child while addressing your daughter rather than when she and the child were outside in their car. Subzero temperature would also encourage this procedure.

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?

My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 16, 2024

In general, yes. Generally police can go anywhere non-police can lawfully go (without a warrant, or other special authority). However, when I analyze all the available information about a client's case, I look for every possible defense issue first. Then after a discussion with the client,... View More

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2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Does MN State law require you to be notified of a traffic citation that was e-filed? Never received anything in mail.

My 16 year old son received a notice of late payment from the MN Court Payment Center for a citation that was issued over 30 days ago. I called the police department and was told the citation was e-filed. Went to the state court records online and verified that the citation was e-filed. We never... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 10, 2023

One of the courts' most important jobs is to ensure that each citizen enjoys their constitutional right to due process. Due process includes procedural fairness; and the right to notice and an opportunity to be heard, by a fair and neutral magistrate. In general, the more the government... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was speeding going 93 in a 65. Cop wrote it down as a petty misdemeanor. I have a clean record. What are the charges?

I already admitted to the speeding on the scene. Is it worth going to court?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 18, 2023

The charges are whatever are listed on the citation that you were provided. In Hennepin County, it would certainly be worth setting a date with a hearing officer or even a court date. Hennepin is pretty generous with speed reductions or even a Continuance for Dismissal assuming that your driving... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 5, 2023

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How do I handle a speeding ticket in MN?
T. Augustus Claus
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answered on Aug 28, 2023

When dealing with a speeding ticket in Minnesota, you should start by carefully reviewing the ticket to understand the details of the alleged violation. Depending on your circumstances and whether you believe the ticket is accurate or not, you have a few options. You can choose to pay the fine,... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: How do I handle a speeding ticket in MN?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2023

Contact Court Administration, to request a court appearance date. Most people want to prevent a conviction being certified by the court to the Minnesota Department of Public Safety (driver's license record). So, they see if the prosecutor will agree to a disposition that will not result in... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I went 95 in a 65 and got reckless driving on top of that. Will this go on my high-school resume or affect college admis
Thomas C Gallagher
Thomas C Gallagher
answered on Jul 29, 2023

It won't if you avoid a conviction. A defense lawyer could help with that, either private or public defender. A misdemeanor traffic crime is not the most serious crime, but it's never good to have a criminal record - even a minor one. And it could influence how police view that driver... View More

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I went 95 in a 65 and got reckless driving on top of that. Will this go on my high-school resume or affect college admis
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 29, 2023

It only goes on your high school resume if you put it on your resume. You're the one that writes a resume for job or college applications. Will affect your admission into college? That really depends on the questions that are asked of you on the applications that you submit. There could be... View More

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3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Speeding ticket, 86 in a 70 in Carlton Co. MN. Clean record for over 10 years. Can I get a continuance for dismissal?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 4, 2023

You're ultimately asking the wrong question here. The question is not can you get a CFD, but will you get a CFD. The biggest problem you face here is that you were allegedly driving 16 mph over the speed limit. The fact that you are outstate also makes a CFD less likely. You can certainly... View More

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2 Answers | Asked in Traffic Tickets and Criminal Law for Minnesota on
Q: I made the mistake of speeding 39 in a 30 Urban road. Officer cited me as 169.14 2a petty misdemeanor.

I was told to pay it after ten days of it being in the system (it’s been 5 days since the ticket)

To my suprise I received a criminal mandatory traffic court hearing arraignment notice

I’m not sure what happens. I’ve never been in trouble with the law (fully clean criminal... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 3, 2023

Most would prefer to keep a speeding ticket off of their Minnesota driver's license record. To accomplish that, the ticketed driver must avoid paying the ticket, and instead set up a "hearing officer" appointment (in the metro area) or a court appearance to discuss settlement... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I need a texting while driving ticket off my record for job purposes

I got a ticket for texting while driving in January 23. I paid the ticket and found out that it affects my ability to drive at my work and I need to get it off my record so that I can continue driving for my company.

Thomas C Gallagher
Thomas C Gallagher
answered on May 8, 2023

You can download this form form the Minnesota Courts website: Forms Packet: Ask to Withdraw Guilty Plea and Vacate Conviction (Petty Misdemeanor) You can use it to request a hearing on your motion to reopen the petty misdemeanor case. At the hearing, you can talk to the prosecutor to see if they... View More

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5

I got a speeding ticket and the officer put I was driving a snowmobile and I was not I was driving a 2014 mazda cx-5 he also put im the owner of the car and I am not my wife is he put on my ticket I was going 40 in a 30 and in his report he put I was going 47 in a 30 can this get throw out or no

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Not likely. They can fix any mistakes (perhaps using the video). And alerting the them to mistakes prior to trial usually is just helping them, not you. Therefore, when I have such a case, I pursue the other defense issues and strategies, but save mistakes for use at the trial (assuming they have... View More

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