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Minnesota Traffic Tickets Questions & Answers
1 Answer | 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... Read more »

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... Read 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... Read 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: 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... Read 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... Read more »

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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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,... Read more »

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: If officer follows you presuming erroneously initial violation and then sees a legitimate violation, is it a legal stop?

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... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
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... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: Have Minnesota Driver License. Will Illinois 'court supervision' for the IL ticket keep my MN driving license clean?

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... Read more »

Thomas C Gallagher
Thomas C Gallagher
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... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: Do I have to show ID when pulled over

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... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
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.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over for speeding and racing the other night. The officer wrote down the completely wrong vehicle.

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?

Jonathan Matthew Holson
Jonathan Matthew Holson
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.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is a first-time offense a reason for dismissal for a speeding ticket when contesting a citation?
Jonathan Matthew Holson
Jonathan Matthew Holson
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.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Can I be pursued & charged with a speeding charge if I was never caught? Pursuit was never initiated. MN

(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... Read more »

Thomas C Gallagher
Thomas C Gallagher
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.

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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: will my license be suspended?

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”... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
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... Read more »

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: The original ticket was written to my wife. She fought it and won, because she wasn't driving but the cop wrote it out t

To her. Two months after the fact a ticket was written to me.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2022

Your wife has already asked this same question. The answer remains the same.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was issued a ticket for speeding and dar. I wasn't driving my husband was. The cop knew that.

I got the ticket dismissed but then they turned around and issued at ticket to my husband. Is that legit?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 9, 2022

I would imagine that the ticket was erroneously issued to you. And that error can be fixed by issuing the ticket to the correct person so long as the statute of limitations on the charge has not expired.

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