Speeding Lawyer

Traffic tickets: How to fight a speeding ticket in Minnesota

by Thomas Gallagher, Minnesota Speeding Lawyer

Do I need a speeding lawyer for my traffic court case?

Thomas Gallagher, Minneapolis Speeding Lawyer
Thomas Gallagher, Minneapolis Speeding Lawyer

You tried to avoid a speeding ticket.  So, is it time for plan B?

Fight it and win!

You already know that it’s better to have a speeding lawyer defend your traffic court case.  But it costs money to retain one.

Does the benefit outweigh the cost?

Compare the true cost of a speeding ticket vs. the speeding lawyer’s fee.  The true cost of a speeding ticket includes more than the fine.

Having a speeding ticket on your record can cost hundreds of dollars or more per year just in higher insurance costs.

It can trigger a driver’s license suspension, for a month or longer, for “habitual violators.”

Perhaps worst is the snowball effect.  Because having a speed on your DL record may cause the next police to give you a ticket instead of a warn.

Only you can decide whether it’s worth hiring a speeding lawyer to help keep your record clean.

So here is some basic information about Minnesota speeding laws, defenses, tips and traps.  After all, the more you know, the better you will do, even if represented by a good lawyer.

Reasonable and prudent standard

Minnesota speeding law says:

“no person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. … In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle, or other conveyance…” 

Minnesota Statutes Section 169.14, subd. 1.

Two types of speed limits: statutory and posted

Speed limit signs giving drivers notice must comply with the Minnesota Manual on Traffic Control Devices.  It has the effect of law, via Minnesota Rules and statutory incorporation.

Statutory speed limits may apply, even where not posted, for example Minnesota Statutes Sections 169.14, subd. 2; 327.27, subds. 2 & 2a; 327.27, subd. 2.

Speeding Lawyer Thomas Gallagher has won many cases with a sign defense.

Driving Over Speed Limit is Not Necessarily Unlawful

Prima facie evidence
RADAR speed measurement false positives
RADAR speed measurement false positives

The general rule: A speed in excess of the speed limit is only prima facie evidence that speed is not reasonable and prudent. Minnesota Statutes Section 169.14, subd. 2.

“Driving faster than the speed limit” is generally not a violation.  Rather driving “at a speed greater than is reasonable and prudent under the conditions” is the violation.

Prima facie evidence is evidence that on the surface seems sufficient to support an inference of guilt, even though it may not preclude an inference of innocence.

Circumstantial evidence that allows an inference of innocence is reasonable doubt, and not enough to convict.

The party with the burden of proof – the government – must admit enough evidence to meet its prima facie burden of going forward.  Otherwise, the judge will dismiss the charge.

But conviction requires proof of guilt beyond a reasonable doubt.  Proof beyond a reasonable doubt means that if the evidence allows for a reasonable inference of innocence, the defendant is not-guilty.

The defense can rebut the state’s prima facie evidence.  Your speeding lawyer should know these key features of the law.

Municipalities

In a municipality, Minnesota statutes more recently purport to make any speed over the speed limit presumptively unlawful (presumptively enough to convict). Minnesota Statutes Section 169.14, subd. 2.

Even though rebuttable, courts have generally held such presumptions to be an unconstitutional shifting of the burden of proof, from the prosecutor onto the defendant.  Some courts may be lax stopping this statutory burden shifting in petty misdemeanor cases.  (Most speeding tickets are petty misdemeanor violations, not misdemeanor crimes.)

A good speeding lawyer can help you fight improper statutory presumptions.

Penalties for Speeding Violations

The courts view penalties as being of two kinds: direct and collateral.  Direct penalties if adjudicated guilty of a speed law violation are either a non-criminal, petty misdemeanor “civil infraction,” with a fine only; or, a misdemeanor criminal conviction with arrest and jail a possibility.

Adjudicated violations of the speed law are Petty Misdemeanors (fine only), unless a Judge finds the defendant endangered person or property (then a misdemeanor).  A third or subsequent speed law violation within twelve months is a Misdemeanor.  Minnesota Statutes Section 169.89, subd. 1

Drivers License Revocation or Suspension

Speeding Lawyer protecting your record
Speeding Lawyer protecting your record

Collateral, or indirect, penalties for speed violations include:

  • the notation of violation on the driver’s license (DL) record,
  • increased insurance premiums or loss of insurance, and
  • potential loss of drivers license (DL).

An over 100 m.p.h. conviction will trigger your driver’s license revocation for six months.

A third petty misdemeanor in a year can be a misdemeanor charge based on priors.  A third misdemeanor in a year (a fifth in two years) can result in license revocation.  Minnesota does not use a point system, like some other states.  We don’t have speeding points.

Speeding Lawyer: Keeping Your Drivers License Record Clean

A clean DL record is valuable.  It can make the difference between police officer discretion breaking your way, or against you.  How can you keep your record clean, assuming you already have received a speeding ticket in Minnesota?  Retaining a good speeding lawyer like Thomas Gallagher helps.  Knowing the law helps too.

1.  Dimler Amendment

A law adopted in 1986, called the Dimler amendment (its author was former Minnesota Representative Chuck Dimler), determines which speeding violations go onto the DL record.  The Minnesota Department of Public Safety maintains the record.  Speeding violations are do not go on the DL record if:

  • 10 mph above the speed limit (or less) in a 55 m.p.h. zone; or
  •  5 mph above the speed limit (or less) in a 60 m.p.h. zone.

The prohibition on recording a violation on the DL record doesn’t apply if the speed limit certified is 65 mph or more.  Caution: despite rumor, there is no “ten over” exception in Minnesota law.

The Dimler law currently only applies in 55 and 60 m.p.h. zones (10 over in a 55 mph zone, but 5 over in a 60 mph zone.)

The Dimler amendment provisions do not apply if the speeding violation is certified to have occurred in a commercial motor vehicle or if the driver has a commercial DL (class A, B, or C).  Minn. Stat. § 171.12, subd. 6.  Gallagher has heard of a case where it did not work for a person with a DL from another State.  Works for non-commercial Minnesota licensed drivers.

Consult a good speeding lawyer if you have any question about the Dimler law.

2.  Continuance for Dismissal Without a Plea

The prosecutor can agree to continue the speeding charge for a period of time, for example 12 months, on various conditions.  At the end, if all conditions are met, court administration dismisses the charge.  No guilty plea offered.  No adjudication made.  So, nothing is certified by court administration to the Minnesota Department of Public Safety, as a result.

Typical conditions include payment of prosecution and court costs (instead of a fine), and no same or similar violations.  The term used for this outcome varies from one local area to another.  Other terms commonly used include: Agreement to Suspend Prosecution, Deferred Prosecution, Continuance WithOut a Plea (CWOP).

3.  Local or City Ordinance violation citation

An Ordinance violation citation, instead of state statute:  Police officers have discretion to cite drivers with a violation of a local or city Ordinance instead of a Minnesota State Statute.  If they do, you should be able to pay the fine, and still benefit from it not going on your Minnesota Driver’s License Record.

This is something a police officer can, in his or her discretion, decide to do for you.  Prosecutors can, too.  For more on this in Minneapolis, as an example, see Minneapolis Criminal Lawyer page.  Call a good speeding lawyer with any questions about local ordinances.

4.  Stay of Adjudication

A stay of adjudication will prevent the Court Administrator from certifying a traffic conviction to the Minnesota Department of Public Safety.  That means it won’t go on the Minnesota Driver’s License Record.

A stay of adjudication involves either a guilty plea, or a finding of guilty after a trial, but the judge staying (delaying) adjudication of guilt upon conditions, for a period of time.

If the person does not violate a condition, it never becomes an adjudicated violation or conviction, and so never gets certified by court administration to the Minnesota Department of Public Safety to go on the DL record.  Typical conditions include payment of money to the court, and no same or similar violations.

In criminal cases, a judge are reluctant to stay adjudication without prosecutor approval (or finding an abuse of prosecutorial discretion).  But in petty misdemeanor traffic cases judges are more willing even with prosecution opposition.

There are a couple other ways, less commonly done.

Speeding Lawyer: Defenses to Speeding Charges

Speeding Lawyer Gallagher, motorsports enthusiast
Speeding Lawyer Gallagher, motorsports enthusiast

Some assume that they can’t possibly win a speeding case.

If that were true, why spend time or money on trying to win?

Knowledge is power.  The more you know, the more you can win.  Learning about the law and defenses will give you an edge.

Retaining a good speeding lawyer like Gallagher will give you even more of an edge.

There are many potential defenses to a speeding charge.  Most people who get speeding tickets have a clean record over the previous five years.  This is favorable.  A person with a clean record has a better chance of getting a clean-record outcome – though at a cost.

The Rookie mistake is to focus on defenses rather than a practical focus on the desired outcome.  Keep your eye on the prize.  Justice is not perfect in our imperfect world.  Humans enforce and administer the laws.  Even if innocent of a traffic offense, paying to keep it off your DL record may lead to a better result than proving the point.

But a prosecutor may not be willing to offer that, at least not yet.  Here is some discussion of defenses every speeding lawyer should know.

1.  Reasonable and prudent

Even if you were over the posted on the highway, was the speed reasonable and prudent?  Intent can play a role here as well.  Relevant factors could include road conditions, traffic conditions, incline, mechanical issues, etc.

2.  Passing

It may be reasonable and prudent to exceed the posted limit in order to pass another vehicle.  In fact, it can be dangerous not to do so.  This defense is even more important for motorcyclists.

3.  Identity

Police enforcing speed laws from the roadside are taught that the proper way to conduct a speed trap with RADAR or LIDAR is with two police officers in two police squad cars.

One will operate the speed detection machine, and identify the vehicle he or she observes speeding.  The other operates the pursuit vehicle to make the traffic stop.

That way there is little chance of misidentification or stopping the wrong vehicle.  But these days police cut corners and rarely do it the right way.  Your speeding lawyer can help with that.

4.  Excuse defenses

Police squad cars with their light bar on may drive faster than reasonable and prudent, but have the excuse of necessity.  How about the person driving a heart attack victim, or woman in labor, to the emergency room?

5.  Evidence issues

Can the government show an evidentiary foundation for its speed evidence – pacer, RADAR, LIDAR, etc?  Did the government properly comply with discovery statutes, after a request?

6.  Impossibility
"Warp speed, Captain!"
“Warp speed, Captain!”

Did you see the news report about the State Trooper in a Helicopter with a stop watch?

He claimed a motorcyclist was traveling significantly faster than the maximum top speed for that motorcycle!

“Warp speed, Captain!”

Sure.  Anyone can make a mistake. But when a police officer claims an impossibility,we can defend that.

7.  Actual speed within speed limit 

The claimed, measured speed was wrong, inaccurate.  The actual speed was within the speed limit.  No trial evidence proves a speed over.  In any event, the speed was reasonable and prudent, with no collision or risk of one.

8.  Many others

There are multi-volume treatises in the law libraries of defenses to speeding tickets.  These are just a few.

Fight to Keep It Off Your Record.  It’s worth doing.

Gallagher Defense logo grNeed a Defense Lawyer’s help with a Minnesota Speeding Ticket?  Call motorsports enthusiast and Minneapolis Speeding Lawyer Thomas Gallagher at 612 333-1500