Get Free Answers From Experienced Lawyers!
I was involved in an accident where I received a citation for failure to yield, which also referenced bodily harm, although thankfully no one was hurt. I'm unsure about the implications of this citation and how it might affect my driving record and insurance. What steps should I take to... View More
answered on Nov 1, 2025
A traffic citation claiming a violation that by default is a petty misdemeanor, becomes a misdemeanor requiring a court appearance if the police officer checks the "endanger any person or property" box. See Minnesota Statutes Section 169.89. Even if it didn't, it's smart to... View More
I was recently caught speeding at 101 mph in a 60 mph zone. I have since had a hearing to set up a court date, and I am worried that my driver's license will be suspended. When I was 17, I was pulled over for speeding, going 80 mph in a 55 mph zone, and had a plea deal for that violation.... View More
answered on Sep 29, 2025
There is more than one way to get one's driver's license suspended, revoked or cancelled in Minnesota. One of the those is to get "convicted" of speeding over 100 miles per hour, which triggers a six-month license revocation. Another way is Minnesota's "habitual... View More
I received a letter from the Driver Evaluation Unit of MN DPS stating that my driving privileges will be withdrawn if I receive one more conviction. I have three speeding violations: one from August 7, 2024, and two in August 2025. A trooper assured me that paying the fines for these misdemeanors... View More
answered on Sep 13, 2025
The only way I am aware of is to file a motion to reopen / withdraw plea with the court. The argument is best when the driver paid the fine without a court appearance - so no lawyer, no hearing, did not knowingly, voluntarily and intelligently waive their rights; and the prosecutor is not unfairly... View More
I received a misdemeanor citation for "Following Too Closely" after rear-ending another vehicle in an accident in Minnesota. Although the accident resulted in damages, there were no injuries. The citation is due to the crash, and I have a mandatory court appearance next week. I have no... View More
answered on Sep 3, 2025
No same/similar offenses will be a requirement of any sentence that you receive. That doesn't necessarily mean that the offense won't go on your record. You will be given an opportunity to speak with the city attorney. They might be willing to agree to a disposition whereby this... View More
I received a ticket for violating the hands-free law when I briefly held my phone to use Face ID and call my mom while making a right-hand turn at a diverging diamond interchange. I was traveling at about 20 miles per hour, on my way home from mowing my grandma's lawn, intending to ask my mom... View More
answered on Aug 27, 2025
Consider getting help from a defense attorney. Consider asking the prosecutor for an outcome that would avoid a conviction (including on the driver's license record), such as a Stay of Adjudication. But avoid discussing the facts, admissions or defenses with the prosecutor. If the case... View More
I was pulled over in Minnesota due to expired tabs and I did not have my driver's license with me. Am I legally required to show my driver's license if I don't have it on hand during such an incident?
answered on Aug 9, 2025
Minnesota Statutes Sec. 171.08 says that every licensee shall have the license in immediate possession at all times when operating a motor vehicle and shall display it upon demand of a peace officer. But it's a defense in court or the office of the arresting officer to later present a... View More
I am a cyclist in Minnesota and have legal concerns about speed limits on various roadways. Specifically, I'm wondering if I could face legal issues for exceeding the posted speed limit, such as 20 mph, on residential side streets. Additionally, could I face any legal ramifications for riding... View More
answered on Aug 9, 2025
When bicycling
Follow the law - obey all traffic signs and signals. Ride in the same direction as traffic.
Ride predictable - maintain a straight course and avoid weaving between parked cars.
Communicate your intent - look, yield to traffic and signal before turning or... View More
I was stopped for speeding while driving a friend's truck, and the police found two sealed packages that were not mine. I was charged with a DUI, despite not consuming alcohol or drugs since 2009. The police also claimed I refused a test, which was never offered, and didn't read the... View More
answered on May 30, 2025
The truck's owner could locate the impound lot & ask what they will need to release the truck back to the owner. If a driver's license revocation Notice under Minnesota's "implied consent" law was issued, that must be formally challenged in a court filing before the... View More
If I was reported for driving on a road closed to all but local traffic and there was no accident involved, what are my chances of getting out of a ticket or fine? My Apple Maps stopped guiding me, so I took the only route I knew. There were other drivers on the road, leading me to believe it was... View More
answered on Apr 29, 2025
Perhaps the most important reason to have human police officers conduct traffic stops, is so that they can positively identify the driver on the spot, with a driver's license photo. When a city sends a citation or summons charging a traffic violation where there was no police traffic stop,... View More
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More
answered on Feb 20, 2025
Based on that description, it sounds like the father was convicted by default, for not responding to a petty misdemeanor charge. He could file a motion with the court to re-open the case (can use downloadable forms on the Minnesota Courts website), getting a hearing date for that motion, then... View More
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More
answered on Feb 20, 2025
The citation doesn't become invalid because there is incorrect information on the citation. It can be amended by the prosecutor at any point, even up to the point of trial. This is something that your son and grandson ought to be addressing. Your grandson was likely given a citation and... View More
I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.
answered on Feb 20, 2025
No. The recent Minnesota Supreme Court decision, State v. Bee, A23-1257 (Minnesota February 19, 2025). decided an issue of the interpretation of statutory language - the meaning of "public place" in the context of a criminal charge for carrying in a public place, where the "public... View More
I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.
answered on Feb 20, 2025
No, the decision yesterday does not open the floodgates to suspicionless motor vehicle searches. There are certainly circumstances where your car can be searched without consent, for example a search incident to arrest, but cops are not going to be able to search cars whenever they want and... View More
I was pulled over for all allegedly using my cell phone while driving in Bloomington Minnesota, I consulted with several attorneys I’m trying to find a good fit, two different attorneys have told me wait until you get the late notice and then request a trial date… Nothing will happen, you... View More
answered on Feb 9, 2025
Anyone can go to the Minnesota Courts website https://www.mncourts.gov/ and access case records using the citation number on the ticket (or court file number). That's important because the court disables a name search until the defendant has been convicted. If the citation shows up, after a... View More
I admitted to living in MN for a year and a half while having a ND drivers license. I was given a citation and misdemeanor. Can that be dismissed if I get a MN drivers license immediately?
answered on Dec 19, 2024
Some prosecutors will offer the defendant a chance to avoid a smaller license related conviction on their records, if they chow up in court with the issue with their license recticitfied, plus payment of "court costs." No guarantees, but you can ask. Since the issue will need to be... View More
It looks like I can pay the fine and no court date is needed.
answered on Sep 20, 2024
Normally forever. Exception: expungement possibility. But if the defendant instead sets up a court date and gets a prosecutor to agree to an outcome that will eventually avoid a conviction (Continuance for Dismissal, or Stay of Adjudication), then upon successful completion of the period of the... View More
Driver box is checked but it looks like I can just pay a $180 fine? I'm so confused, I was walking and not driving. It also is labeled as a misdemeanor but from what I can tell this should be a petty misdemeanor?
answered on Sep 20, 2024
Some Minnesota misdemeanors are treated as "payable offenses" by Minnesota courts, meaning the defendant can be convicted by paying a fine without a court appearance. But taka a look at Minnesota Statutes Section 171.173, saying that such a conviction would trigger a suspension of... View More
Officer said he does not have a radar or laser reading of my speed, but that he observed me going quickly after somebody called in a motorcycle
answered on Sep 5, 2024
If police have no speed measurement evidence, such as RADAR or LIDAR, the prosecution will have less evidence to present at a trial. So that is more favorable for the defendant. But, all the many considerations for defending a speeding ticket would still apply, including how to persuade a... View More
Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.
answered on Sep 3, 2024
Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More
I'm seeing a lot of road construction where the traffic lights still operate as normal but where there is simply no possibility of cross traffic, no possibility of U-Turns, even. I've seen some drivers, including a bus, treat the solid red light as a stop sign, I've seen some just go... View More
answered on May 27, 2024
Context provides meaning. A prudent driver would stop for a red light, even when the cross streets at the intersection are blocked off. But a drivers defending a citation for failure to obey a red light might defend the case arguing that the signal should be treated as a stop sign, given the... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.