Traffic Violations Defense

Police pulling over a young man

Traffic Violations Defense

Man getting pulled over by police

Man getting pulled over

Minnesota-based Traffic Violations Defense Lawyer

If you’ve recently been issued with a traffic violation ticket then you’ll know just how inconvenient they can be, not to mention expensive and damaging to your reputation.

But the worst thing you can do as a motorist is ignore a traffic violation.

If you don’t handle them correctly and quickly, you could face serious consequences, including higher insurance premiums, license suspension, and loss of privileges if you are a professional driver.

This is where you need professional advice.

Here at Gerald Miller we represent many drivers who are looking for Minnesota-based Traffic Violations Defense.

Call Gerald Miller “Super Lawyer” today at 612-341-9080. Our lines are open 24 hours and we are here waiting to help you NOW.
For more information on the areas we cover, use the links on the right side of the page.

Information Center

Giving False Information to a Police Officer

It is a crime to provide an officer with false information. A person who knowingly provides false information to an officer is guilty of misdemeanor.

Consequences of Giving False Information to a Police Officer

In Minnesota giving false information to a police officer is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

Providing false information to a police officer can bring fines and jail time. Having an experienced attorney is essential to successfully defending your case. Gerald Miller PA has over 35 years of experience in dealing with traffic violation offenses.

For more information see the Minnesota False Information Statute 609.505.

Careless Driving

A person can be charged with careless driving if they operate a motor vehicle in a way that is likely to endanger a person or property or carelessly and in disregard of the rights of others.

Careless Driving Consequences

In Minnesota driving careless is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

If you have been charged with careless driving having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

For more information see the Minnesota Careless Driving Statute 169.13.

Reckless Driving

A person can be charged with reckless driving if they operate a motor vehicle with a deliberate disregard for the safety of people or property or engage in a street race.

Reckless Driving Consequences

In Minnesota driving reckless is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

If you have been charged with reckless driving having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation. Contact us today at 612-341-9080 for a free consultation.

For more information see the Minnesota Reckless Driving Statute 169.13.

Inattentive / Distracted Driving

An individual can be charged with inattentive or distracted driving when they engage in any activity that might distract them from the primary task of driving.

Inattentive Driving Consequences

In Minnesota driving inattentive or distracted is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

If you have been charged with inattentive driving having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

For more information see the Minnesota Duty to Drive with Due Care Statute 169.14.

Driving Without Proof of Insurance

Every driver shall have in possession at all times when operating a vehicle and shall produce on demand of a peace officer proof of insurance at the time of the demand covering the vehicle being operated.

However, if a driver does not have proof of their insurance with them when they are pulled over they still have an opportunity to produce it. The driver has until the date of their first court appearance to send proof of their insurance for their vehicle involved in the incident. If the court receives the proof of insurance before the driver’s first court date, the charges will be dropped.

Driving Without Proof of Insurance Consequences

In Minnesota driving without proof of insurance is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

Driving without insurance offenses can bring fines and jail time. Having an experienced attorney is essential to successfully defending your case. Gerald Miller PA has over 35 years of experience in dealing with traffic violation offenses.

For more information see the Minnesota Driving without Proof of Insurance Statute 169.791.

Speeding

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.

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. Examples include but are not limited to:

  1. Proper notice of the speed limit: If the speed limit was not properly posted, a person may be able to beat the speeding charge.
  2. 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.
  3. 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.
  4. Dysfunctional radar: If the radar malfunctioned in any way the speeding charge can be dropped.
  5. Necessity of speed: This defense says that while you admit you were speeding, you has mitigating circumstances that forced to exceed the speed limit for your own safety.
  6. Improperly issued ticket: If there are inaccuracies or discrepancies in the ticked issued, the charge may be dropped.
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 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.

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 attorney is therefore essential to successfully defending your case. Gerald Miller PA has over 35 years of experience dealing with speeding violation offenses.

Leaving the Scene of an Accident

The driver of any motor vehicle involved in an accident to a vehicle driven or attended by any individual must immediately stop the motor vehicle and remain at the scene of the accident until the driver has fulfilled the following statutory information:

  1. Name;
  2. Address;
  3. Date of birth; and
  4. Registration plate number of the vehicle being driven.

Failure to Give Information to an Attended Vehicle

The driver of any motor vehicle involved in an accident resulting in bodily injury or death of any individual, or damage to any vehicle driven by any individual, must stop and give their name, address, date of birth and the registration plate number of the vehicle being driven. The driver also must give the information to any police officer at the scene of the accident or who is investigating the accident.

Additionally, the driver of a vehicle involved in an accident resulting in bodily injury to or death of any individual or total property damage to an extent of $1,000 or more, must forward a written report of the accident to the commissioner of public safety within ten days of the accident. On the required report, the driver must provide the commissioner with the name and policy number of the insurer providing vehicle liability insurance coverage at the time of the accident.

Failure to Give Information to an Attended Vehicle Consequences

In Minnesota, failing to give information to an attended vehicle is either a misdemeanor or gross misdemeanor depending on the details of the offense.

A misdemeanor is punishable by up to 90 days in jail and/or a $1000 fine. A gross misdemeanor is punishable by up to one year in jail and/or a $3000 fine.

Possible Driver’s License Sanctions

An individual’s driver’s license may be suspended if they willfully fail, refuse, or neglect to make a report of a traffic accident.

If you have been charged with failing to give information having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

For information see the Failure to Give Information Statute 169.09.

Failure to Give Information to an Attended Vehicle

The driver of any motor vehicle involved in an accident resulting in bodily injury or death of any individual, or damage to any vehicle driven by any individual, must stop and give their name, address, date of birth and the registration plate number of the vehicle being driven. The driver also must give the information to any police officer at the scene of the accident or who is investigating the accident.

Additionally, the driver of a vehicle involved in an accident resulting in bodily injury to or death of any individual or total property damage to an extent of $1,000 or more, must forward a written report of the accident to the commissioner of public safety within ten days of the accident. On the required report, the driver must provide the commissioner with the name and policy number of the insurer providing vehicle liability insurance coverage at the time of the accident.

Failure to Give Information to an Attended Vehicle Consequences

In Minnesota, failing to give information to an attended vehicle is either a misdemeanor or gross misdemeanor depending on the details of the offense.

A misdemeanor is punishable by up to 90 days in jail and/or a $1000 fine. A gross misdemeanor is punishable by up to one year in jail and/or a $3000 fine.

Possible Driver’s License Sanctions

An individual’s driver’s license may be suspended if they willfully fail, refuse, or neglect to make a report of a traffic accident.

If you have been charged with failing to give information having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

For information see the Failure to Give Information Statute 169.09.

Failure to Give Information to an Unattended Vehicle

The driver of any motor vehicle that collides with and damages any vehicle that is unattended must immediately stop, locate and notify the driver/owner or report the accident to a police officer or leave a written notice giving the name and address of the driver and/or registered owner of the vehicle doing the striking.

Failure to Give Information to an Unattended Vehicle Consequences

In Minnesota, failing to give information to an unattended vehicle is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

Possible Driver’s License Sanctions

An individual’s driver’s license may be suspended if they willfully fail, refuse, or neglect to make a report of a traffic accident.

If you have been charged with failing to give information having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

For information see the Failure to Give Information Statute 169.09.

Hit And Run

In Minnesota, the driver of any motor vehicle involved in an accident is legally obligated to stop their vehicle as soon as possible and return to the scene of the accident.

At the scene of the accident, the driver must supply the following information to a police officer as well as any other driver involved in the accident:

  1. Name;
  2. Address;
  3. Date of birth; and
  4. Registration plate number of the vehicle being driven.

If the driver collides with and damages any unattended vehicle the driver must:

  1. Reasonably attempt to locate the other driver; or
  2. Notify the police; or
  3. Leave contact information for the other owner.

Failure to return to the scene of an accident or report the accident may result in a hit and run offense.

Are There Any Defenses to a Hit and Run Charge?

Defending a hit and run charge can be very difficult for a number of reasons. However, there are a limited number of defenses an experienced attorney like Gerald Miller PA can use.

You can attempt to introduce reasonable doubt about whether you in fact committed the hit and run. This defense is most applicable when the police do not have a license plate number or any general information putting you at the scene.

However, if the police can place you at the scene you can attempt to prove that the accident was not your fault. While this may not be advantageous to help you avoid a fleeing the scene of an accident charge, it can help you avoid other, more serious charges.

Hit and Run Consequences

In Minnesota, a hit and run charge can be a misdemeanor, gross misdemeanor or felony depending on the details surrounding the offense.

A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

A hit and run accident causing substantial bodily harm is a gross misdemeanor punishable by up to one year in prison and/or $3000 in fines. Substantial bodily harm is an injury which causes a temporary but serious disfigurement or fracture.

A hit and run accident causing great bodily harm is a felony punishable by up to two years in prison and/or $4000 in fines. Great bodily harm is an injury which creates a high chance of death or permanent disfigurement.

Additionally, a driver may be charged with a felony if they are involved in an accident that results in the death of an individual. A conviction will carry a sentence of up to three years in prison and/or $5000 in fines.

If you are being prosecuted for a hit and run charge having an experienced attorney is critical. Gerald Miller PA has over 35 years’ experience helping people obtain the best possible results for any traffic violation.

Hit and Run Driver’s License Sanctions

Failure to report any accident in accordance with the Minnesota statute can lead to a suspension of your driver’s license.

Fleeing a Police Officer in a Motor Vehicle

A driver may be charged with fleeing a police officer in a motor vehicle if the individual increases their speed, turns off their headlights or taillights, fails to stop or uses other means to evade police after the officer signals for the driver to stop.

Fleeing Consequences

In Minnesota, fleeing from an officer while using a motorized vehicle is a felony punishable by up to three years in prison and/or a $5000 fine. Penalties increase substantially if someone gets hurt or killed as a result of the driver’s fleeing the officer.

Possible Driver’s License Sanctions

A conviction for fleeing the police will lead to a driver’s license revocation period of one to ten years, depending on the circumstances of the offense.

If you have been charged with fleeing the police having an experienced attorney is critical. Gerald Miller PA has over 35 years of experience helping people obtain the best possible results for any traffic violation.

For more information see the Minnesota Fleeing Police Statute 609.487.

Passing a Stopped School Bus

When a school bus is stopped on a street or highway and displays an extended stop-signal arm and flashing red lights, the driver of a vehicle approaching the bus must stop the vehicle at least 20 feet away from the bus. Failure to do so may result in a passing a stopped bus charge.

It is also a crime for a person to pass or attempt to pass a school bus in a motor vehicle on the right-hand passenger side of the door when the bus is displaying the pre-warning flashing signals.

Passing a Stopped School Bus Consequences

In Minnesota, a person convicted of failing to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

However, a person may also be charged with a gross-misdemeanor if they fail to stop their motor vehicle and commit one or both of the following:

  • Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
  • Passing or attempting to pass the school bus in a motor vehicle when a child is outside of and on the street used by the school bus or on the adjacent sidewalk.

A gross misdemeanor offense is punishable by up to one year in jail and/or a $3000 fine.

Possible Driver’s License Sanctions

Depending on the circumstances surrounding the offense, a passing a stopped school bus conviction can lead to a driver’s license suspension or revocation.

Passenger a school bus is a serious offense with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Gerald Miller PA has over 35 years of experience in traffic violation defenses.

For more information see the Minnesota Duty of Other Drivers Statute 169.444.

Failure to Yield

A driver of a vehicle approaching a yield sign must slow to a speed that is reasonable for conditions of traffic and visibility, and stop if necessary. Additionally, a driver must yield the right-of-way to any pedestrian legally crossing the roadway. Failure to comply may lead to a failure to yield charge.

Failure to Yield Consequences

In Minnesota, a conviction for a failure to yield or stop a stop sign is a petty misdemeanor. A petty misdemeanor will usually result in a fine and does not have a jail penalty.

However, the charge may be enhanced to a misdemeanor depending on the particular circumstances of the case. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

If you have been charged with a failure to yield violation having an experienced attorney is essential to ensure you get the best result possible. Gerald Miller PA has over 35 years of experience in traffic violation defenses.

For more information see the Failure to Yield Statute 169.201.

Littering / Dropping Object on a Vehicle

A driver of a motor vehicle shall not throw, deposit, place, or dump upon any street or highway any item or substance likely to injure any other person, animal, or vehicle. A violation may lead to a littering charge.

Littering Violation Consequences

A conviction of littering while driving a motor vehicle is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine.

Possible Driver’s License Sanctions

A littering conviction will immediately be forwarded to the Department of Public Safety for inclusion upon the offender’s driving record.

A littering violation is a serious charge with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Gerald Miller PA has over 35 years of experience in traffic violation defenses.

For more information see the Littering Statute 169.42.

Texting and Driving

It is illegal for drivers to read, compose or send text messages and emails or access the internet while the vehicle is in motion or a part of traffic. A violation may result in a texting and driving charge.

Texting and Driving Consequences

A texting and driving conviction results is a petty misdemeanor offense. However, the offense may be enhanced if a another person is injured or killed as a result of the violation.

If you are charged with texting and driving having an experienced attorney is essential. Gerald Miller PA has over 35 years’ experience in traffic violation defenses.

For more information see the Minnesota Texting and Driving Statute 169.475.

Open Bottle in a Motor Vehicle

It is a crime for a person to have in their possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage that has been opened, the seal broken or the contents of which have been partially removed.

Open Bottle in a Motor Vehicle Consequences

In Minnesota a person convicted of having an open bottle in a motor vehicle is guilty of a misdemeanor. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

A open bottle in a motor vehicle is a serious charge with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Gerald Miller PA has over 35 years of experience in traffic violation defenses.

For more information see the Minnesota Open Bottle Statute 169A.35.

Open Bottle in a Non-Motor Vehicle

It is a crime for a person to have in possession, while in a public location any bottle or receptacle containing an alcoholic beverage that has been opened, or the seal broken, or the contents of which have been partially removed.

Open Bottle in a Non-Motor Vehicle Consequences

In Minnesota a person convicted of having an open bottle in public is guilty of a petty misdemeanor. A petty misdemeanor will usually result in a fine and does not have a jail penalty.

If you have been charged with an open bottle ticket you may have a valid defense. Having an experienced attorney is therefore critical to fighting the charge. Gerald Miller PA has over 35 years of experience in traffic violation defenses.

For more information see the Minnesota Open Bottle Statute 169A.35.

Underage Consumption in a Motor Vehicle

It is a crime for any person under the age of 21 years to drive after consuming any alcohol. If an underage person drinks and drives, they will face penalties under Minnesota’s “Not A Drop” law and possibly the DWI laws.

The “Not A Drop” law does not require proof that the driver was over 0.08%. To be arrested, all that is required is the underage driver show signs of consuming any amount of alcohol.

Underage Consumption in a Motor Vehicle Consequences

In Minnesota, penalties are the same for underage individuals as they are for adults. A 4th degree DWI is a misdemeanor offense which is punishable by up to 90 days in jail and/or a $1000 fine. License plate impoundment and forfeiture of the vehicle used in the incident are also applicable.

Possible Driver’s License Sanctions

There are several alcohol-related laws that apply specifically to underage drivers. The exact age of an individual makes a difference. A first time underage drinking and driving conviction for an individual between 18-20 years of age can result in a loss of driving privileges for up to 180 days. However, the driver may be eligible for a work permit 15 days after the license has been revoked.

Whereas, a first time underage drinking and driving conviction for an individual under the age of 18 can also result in a loss of driving privileges for up to 180 days. However, the driver may not be eligible for a work permit 90 days after the license has been revoked.

Also consider when it comes to driving records juveniles do not have the protection of juvenile court where a record may be sealed.

The first time someone is charged with a crime it can be a very stressful and confusing time. Experience matters with a crime as complex as DWI. Gerald Miller PA has over 35 years of experience helping and guiding people through these frightening and difficult times.

For more information see the Minnesota 4th Degree Driving While Impaired Statute 169A.27.

See also Minnesota Underage Drinking and Driving Statute 169A.33

See also Under 21 DWI / DUI Penalties

See also Minor Consumption Violation

Underage Consumption in a Non-Motor Vehicle

It is illegal for a person under the age of 21 years old to consume any alcohol. Additionally, if you are under 21 it is illegal to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or research purposes.

Underage Consumption in a Non-Motor Vehicle Consequences

In Minnesota, a conviction for underage consumption is a petty misdemeanor. However, the charge may be enhanced to a misdemeanor depending on the number of prior offenses and/or particular circumstances of your case. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

An experienced attorney is essential when dealing with complex underage drinking laws. Gerald Miller PA has defended thousands of alcohol cases and has over 35 years experience in criminal defense. Our goal is to guide you through these difficult times and help obtain the best result possible for your individual situation.

For more information see the Minnesota Underage Drinking and Driving Statute 169A.33.

See also Under 21 DWI / DUI Penalties

See also Minor Consumption Violation

Petty Misdemeanor Offenses

Petty misdemeanors are minor offenses that are prohibited by the statutes of the State of Minnesota. A petty misdemeanor will usually result in a fine and does not have a jail penalty. The maximum penalty for a petty misdemeanor conviction is a fine of not more than $300.

However, many petty misdemeanors can become misdemeanor violations under certain circumstances.