Every driver in Minnesota is expected to use reasonable and prudent care while operating a motor vehicle. This includes obeying all posted and statutory speed limits. If you are charged with a speeding violation in Minnesota, contacting a Minneapolis traffic violation attorney, like Gerald Miller may be critical to your defense.
Understanding how a speeding ticket can affect your driver’s license record is crucial. Various legal options and amendments, such as the Dimler Amendment, stay of adjudication, and local ordinance violation citations, can help prevent these violations from appearing on your driver’s license record.
There are two types of speed limits: (1) posted and (2) statutory. Typically, speed limits are designated by a traffic sign. However, statutory speed limits may be asserted according to certain statutes, even where there is no traffic sign posted.
If no speed limits are posted the following are the lawful speeds at which to drive:
- 10 mph in alleys;
- 30 mph on streets in urban districts;
- 55 mph on other roads;
- 65 mph on expressways;
- 65 mph on urban interstate highways; and
- 70 mph on rural interstate highways.
Are There Any Defenses to a Speeding Charge?
There are many ways for a person to successfully defend a speeding charge and an experienced Minneapolis traffic violation attorney on your team will help your defense. Examples include but are not limited to:
- Proper notice of the speed limit: If the speed limit was not properly posted, a person may be able to beat the speeding charge. Speed limit signs are crucial in determining the validity of a speeding charge, as they define the appropriate limits.
- Improper use of a radar: If the radar device was not properly maintained by the police, the evidence of the radar reading may be inadmissible.
- Radar was out of range: Radars have a maximum range at which the device used by the police is considered functional. If the radar was outside that range then evidence may be inadmissible.
- Dysfunctional radar: If the radar malfunctioned in any way the speeding charge can be dropped.
- Necessity of speed: This defense says that while you admit you were speeding, you had mitigating circumstances that forced you to exceed the speed limit for your own safety.
- Improperly issued ticket: If there are inaccuracies or discrepancies in the ticket issued, the charge may be dropped. The discretion of a police officer in issuing citations can significantly impact the outcome of a speeding ticket. Knowing the law and being respectful when interacting with a police officer can potentially influence whether you receive a warning or a ticket.
What are the Consequences of a Speeding Ticket?
A speeding violation is a petty misdemeanor violation. Fines will vary depending on how over the limit the driver was speeding.
- The basic fine for speeding is $145.
- If a car is going more than 20 mph over the posted speed limit, the fine is $212.
- If a car is speeding in a school or work zone the fine is $212.
A speeding conviction can lead to increased insurance rates and other long-term consequences, such as impacts on one’s driving record and potential license revocation under specific laws like the Dimler amendment.
A ticket fine that is not paid within 21 days from the date it is issued will be increased by $5. Speeding fines may also be combined with other traffic violations.
What are the Driver’s License Sanctions to a Speeding Ticket?
The penalties for speeding violations increase as more tickets are issued. An individual’s driver’s license will be suspended for:
- 30 days if they are convicted of either four traffic offenses within 12 months or five traffic offenses with 24 months.
- 90 days if they are convicted of either five traffic offenses within a 12 months period or six traffic offenses within a 24 months period.
- 180 days if they are convicted of seven traffic offenses within a 24 month period.
- One year, if they are convicted on eight or more traffic offenses within a 24 month period.
Additionally, driving in excess of 100 miles per hour will lead to a driver’s license revocation of at least 6 months.
How Speeding is Determined in Minnesota
Minnesota law enforcement uses various methods to measure vehicle speed, including radar guns, LIDAR (Light Detection and Ranging), and pacing (where an officer follows a vehicle at the same speed to verify the speed). Understanding how these devices work and their potential for error can be crucial in your defense strategy.
Fighting a Speeding Ticket in Court
If you choose to contest your speeding ticket, you’ll typically have a hearing before a judge or a hearing officer. Preparation is key: gather evidence, such as photos of the area, witness statements (if applicable), and documentation of any issues with the speed measuring device. An attorney can help you navigate the court process and present your case effectively. Alternatively, you may decide to plead guilty and pay the fine, or pursue a continuance for dismissal to avoid pleading guilty and have the charges dismissed.
Potential Penalties Beyond Fines and License Sanctions
Besides the immediate financial and licensing consequences, a speeding ticket can have long-term repercussions. Increased insurance premiums are a common outcome, as insurers view speeding as risky behavior. Additionally, receiving a traffic citation can lead to accumulating too many points on your license, which can result in further restrictions or even revocation.
Mitigating the Impact of a Speeding Ticket
If you’re found guilty, there may be options to reduce the impact of the ticket. Some jurisdictions offer defensive driving courses that, upon completion, can dismiss the ticket or reduce the points on your license. Depending on your driving history and the severity of the offense, negotiating a reduced charge or a plea bargain with the prosecutor might be possible.
It’s crucial to avoid having a traffic ticket on your record, as it can have long-term consequences. Strategies to mitigate its impact include getting the ticket dismissed, pursuing a continuance for dismissal, or utilizing legal representation to present compelling evidence and analyze the details on the ticket.
The Role of a Traffic Violation Attorney
An experienced traffic violation attorney can assess the specifics of your case, determine the best course of action, and advocate for your interests. They can negotiate with prosecutors, present evidence in court, and work to minimize the negative consequences of a speeding ticket.
Why Choose Gerald Miller P.A. for Your Traffic Violation Defense
At Gerald Miller P.A., we have a proven track record of successfully defending clients against speeding tickets and other traffic violations. Our attorneys have an in-depth understanding of Minnesota traffic laws and court procedures, allowing us to develop tailored strategies for each case.
We are committed to protecting your driving privileges and minimizing the impact of a speeding ticket on your life. Contact us today for a free consultation and let us help you navigate this challenging situation.
Understanding Speed Limits in Specific Zones
While general speed limits apply in most situations, certain areas have specific speed limits to ensure safety. School zones, work zones, and residential areas often have reduced speed limits, particularly during specific hours or when children are present. Be aware of these posted limits and adjust your speed accordingly to avoid penalties.
The Impact of Weather Conditions on Speeding
Weather conditions play a significant role in safe driving speeds. Rain, snow, ice, or fog can significantly reduce visibility and increase stopping distances. It’s crucial to adjust your speed in adverse weather, even if it means driving below the posted limit.
Remember, driving at a safe speed for the conditions is paramount, and exceeding the limit in hazardous weather can lead to severe consequences.
Challenging the Evidence: Technicalities and Errors
In some cases, speeding tickets can be successfully challenged due to technicalities or errors in the enforcement process. T
his could involve issues with the calibration or maintenance of speed measuring devices, incorrect readings, or procedural errors by law enforcement. A knowledgeable attorney can scrutinize the evidence and identify any potential flaws that could be used in your defense.
When Speeding Becomes a Criminal Offense
While most speeding violations are considered petty misdemeanors, certain circumstances can elevate the charge to a criminal offense. Excessive speeding, reckless driving, or causing an accident while speeding can result in harsher penalties, including jail time, higher fines, and license revocation. Additionally, certain speeding violations can have specific implications for individuals with a commercial drivers license (CDL), as the Dimler Amendment and Minnesota’s ‘Anti-masking’ statute do not apply to them. If you’re facing a criminal speeding charge, seeking legal representation is crucial to protect your rights and freedom.
The Importance of a Clean Driving Record
Maintaining a clean driving record is essential for many reasons, including lower insurance rates, avoiding license suspensions, and demonstrating responsible driving habits. A single speeding ticket can tarnish your record and have lasting consequences. Taking proactive steps to contest a ticket or mitigate its impact can help preserve your driving privileges and financial well-being.
Your Right to a Fair Trial
In Minnesota, you have the right to a fair trial for any traffic violation, including speeding. This means you have the right to present evidence, cross-examine witnesses, and challenge the prosecution’s case. Don’t assume that a speeding ticket is an automatic conviction. With the right legal counsel and a strong defense strategy, you can fight for a favorable outcome.
Should I Contact a Minnesota Traffic Violation Attorney?
There are a number of ways to defend speeding violations and the burden always lies with the prosecution to prove the defendant broke the law by exceeding the speed limit.
Having an experienced Minneapolis traffic violation attorney is therefore essential to successfully defending your case. Gerald Miller PA has over 35 years of experience dealing with speeding violation offenses. Contact us today at 612-341-9080 for a free consultation.
FAQs about Fighting a Speeding Ticket in Minnesota
What should I do if I receive a speeding ticket in Minnesota?
If you receive a speeding ticket, don’t panic. Carefully review the ticket for any errors and consider your options. You can choose to pay the fine, which implies guilt, or you can contest the ticket. If you decide to fight the ticket, it’s advisable to consult with a traffic violation attorney who can guide you through the process and protect your rights.
Can I get a speeding ticket dismissed in Minnesota?
Yes, it is possible to get a speeding ticket dismissed in Minnesota. Several factors can contribute to dismissal, including errors on the ticket, faulty equipment used by law enforcement, or a successful defense strategy presented in court. An experienced traffic violation attorney can assess your case and determine the best approach to achieve a dismissal.
How much does a speeding ticket cost in Minnesota?
The cost of a speeding ticket in Minnesota varies depending on several factors, including how much over the speed limit you were driving, the specific county where you were ticketed, and any additional penalties or court fees. Typically, fines start around $125 for minor speeding offenses and increase for more significant violations.
Will a speeding ticket in Minnesota affect my insurance rates?
Yes, a speeding ticket in Minnesota will likely affect your insurance rates. Insurance companies view speeding as risky behavior, and a ticket on your record can lead to increased premiums. The extent of the increase depends on factors such as your driving history, the severity of the speeding offense, and your insurance provider.
How can a traffic violation attorney help me fight a speeding ticket in Minnesota?
A traffic violation attorney can play a crucial role in fighting a speeding ticket in Minnesota. They can help you understand your options, gather evidence, negotiate with prosecutors, and represent you in court. Their expertise in traffic laws and court procedures can significantly increase your chances of a successful outcome, whether that’s getting the ticket dismissed, reduced charges, or minimized penalties.
