Traffic Violations -- When You Need a Lawyer

Almost 3 of every 4 phone calls I take are related to a traffic violation of one type of another.  Some of those calls are regarding more serious charges like DWI's and careless/reckless driving, but the vast majority are regarding small tickets, such as speeding tickets and stop sign violations.  One of the questions people ask first is whether or not they really need a lawyer to help them deal with a traffic violation.  I'll try to give some straight forward and honest answers to this question and hopefully help people better understand what a Minnesota traffic attorney can do for them when faced with this type of issue.

If you have been charged with a traffic violation that doubles as a misdemeanor charge (such as DWI, careless/reckless driving, hit-and-run, etc...), you definitely should hire a Minnesota traffic attorney.  Any misdemeanor charge can carry with it a penalty of up to $1000 and 90 days in jail.  These types of offenses also often carry with them license suspensions or revocations, as well.  When you're dealing with penalties this severe, there is no "savings" to be realized by avoiding hiring an attorney.  Call a couple of Minnesota criminal defense attorneys, find one you trust, and let them help you move forward in your case.  It'll be well worth your investment.

As for more minor "petty misdemeanor" tickets, whether or not you really need an attorney depends greatly on your circumstances.  There are only a couple of situations that I encounter where I recommend people hiring an attorney to handle their petty misdemeanor traffic cases.  One situation is when the accused has multiple traffic violations on their record, and adding another would hinder their ability to hold car insurance.  The other is when someone uses their license to earn a living.  Let's look at both of those situations separately.

If you've been saddled with a bunch of tickets in the past 5 years, chances are you've seen an increase in your insurance premiums.  If you continue to pile up tickets, it's possible for your insurance company to deny you further coverage, meaning that you could be out in the cold and be unable to operate your vehicle.  If you are at the breaking point with your insurance (or simply can't afford any more premium increases), having a Minnesota traffic attorney work with you on your case could help you get the ticket lowered to a reduced charge, at the very least.  If you have reason to believe that you were wrongly issued a citation, an attorney can help you fight said ticket in the courts and get you the best deal possible.  By reducing your ticket (or getting it dismissed altogether), a Minnesota traffic attorney can help you keep your insurance premiums consistent, saving you thousands of dollars in the process.

If you are someone who uses their license to earn a living, having a Minnesota traffic attorney could help your cause quite a bit, as well.  Truck drivers, taxi drivers, mail carriers, delivery drivers, and heavy equipment operators all have a vested stake in keeping their license clean.  Tickets can cost you your job, safety bonuses, or the opportunity to find a higher paying position in the future.  A Minnesota traffic attorney can analyze your case to determine whether there are any aspects of your situation that can be challenged.  If no such elements exist, a dedicated attorney can still help you negotiate a deal with prosecution that can lessen the charge you are convicted of and help keep your license pristine.  If you're family depends on you keeping a clean license to survive financially, take the time to speak with an attorney to see what options you have.

So, now that we know who the people are who can benefit from a Minnesota traffic attorney, why is it that the average person with a speeding ticket won't?  Basically, it boils down to finances.  If you've been issued a citation for a petty misdemeanor ticket, don't have multiple other tickets, or have a professional interest in keeping your license clean, hiring an attorney will probably just be an added expense to your case.  The vast majority of speeding tickets are very difficult to challenge.  If you decide to take your ticket to court, there is very little likelihood that the judge will take your word over the police officer's.  There isn't much a lawyer is going to be able to do to change this fact.  The basic ticket in Minnesota costs $128.00.  A Minnesota traffic attorney is likely to charge you at least a couple hundred dollars for their services.  This cost can be justified under some circumstances, but rarely is this the case for your basic traffic ticket.

If you find yourself the recipient of a basic speeding ticket/stop sign ticket/red light ticket, you've got a couple different options.  First, you can choose to pay the ticket online/over the phone/in the mail.  You'll be pleading guilty to the charge on the ticket, but you'll eliminate the chances of having to pay any late fees or penalties for neglecting to pay the ticket.  For all intents and purposes, that ticket will be on your record for five years.  If you receive no further tickets during that period, it's unlikely that your insurance will be effected (assuming you weren't going 40 over the limit).  For most people, this option is easiest, as it doesn't require you to take a morning off work and go down to the courthouse.  However, your second option is to appear for your court date and attempt to challenge the ticket.  Often, the citation you receive will have a court date printed on the ticket.  If it doesn't, there will be a phone number for you to call to get one.  The benefit to taking this path to dealing with your ticket is that prosecutors tend to be willing to negotiate with people who show up.  If you've never been to traffic court before, imagine a zoo without working fences.  People everywhere.  Children running up and down the aisles.  Lines at the clerk's desk to check in.  It's pretty awful.  This actually works in your favor when dealing with a ticket.  The prosecutor has to talk with all of those people before they go in front of the judge.  He's going to do what it takes to get you out of his office as quick as possible.  This could mean reducing your fine, reducing your charge, giving you a payment plan (if the money is an issue for you), or offering you an adjudication which would allow you, through good behavior, to have the ticket removed from your record after a year (while still paying the full fine).  These options are all significantly better than simply paying the ticket and moving on.  If you have the ability to attend your court date for any traffic ticket, take the time to do so.  It could save you big bucks.

If you or a loved one have been issued a traffic ticket and are wondering if there's anything a Minnesota traffic attorney can do for you, call or email one today in order to get the process started.

As always, none of the content on Minnesota Criminal Defense Blog is intended to act as either legal advice or legal advertising, nor does viewing this website create an attorney/client relationship between the author and the reader.  If you have legal questions or are in need of advice, stop surfing the internet for answers and call a license attorney in your jurisdiction.

Know Your Rights: Traffic Stop

I'd like to preface this article by saying that police are not bad people.  I know the tone of a lot of my articles is that of the badgering police officer harassing the unassuming citizen, but this is far from the norm.  Police provide a vital service for our society, and do a fantastic job of keeping us safe.  I would never speak an ill word about the work police, especially Minnesota police, do on a day to day basis.  Whenever you're dealing with police, be polite, be attentive, and be respectful.  They've earned at least that from everyone.

Having said that, a lot of what officers are asked to do involves a certain level of prying into the private lives of people.  If a crime is being investigated and you "meet the description" or are in the wrong place at the wrong time, it is the job of police officers to do their due diligence and find out what you know.  If you ever find yourself in this situation, whether it's the result of being stopped on the street, greeted at your front door, or called in to the police station for questioning, it's important to know what you must do and what you may do.  I use those words because just because you aren't required to provide certain information doesn't mean you shouldn't.  In this article, I will go over what you are required to provide to police when asked and what is completely optional.  Over the next few articles, I'll touch on one of the four most common situations in which one may be questioned by a police officer.  We'll start with the most common.

The Traffic Stop

Let's start with when you're pulled over while driving.  There could be any number of reasons you were pulled over:  Speeding, running a red light, weaving, cutting someone off, or even something silly like a broken tail light.  The point is, unless you know how long the officer has been following you, you might have committed any number of infractions he could call you out on.  The key is not to help him out.  The officer is likely going to ask you something along the lines of "Do you know why I pulled you over?"  Your answer should be "No, I don't."  If you say "yes" and them give him the reason, that's all he needs to know to write that ticket with confidence.  Even if you think you are 100% sure you know why you've been pulled over, you could still be wrong.  Don't be that guy who gets pulled over for a flickering tail light who ends up driving away with a ticket for running a stop sign.  So one "don't" to remember if you get pulled over is don't give the officer reasons to write you tickets.  Another don't is don't go on the offensive.  The last thing an officer wants to hear is you questioning his motives.  He's probably got perfectly fine motives, and eventually he'll let you know what they are.  By asking "What did I do?" or "Is there a problem, officer?" you are making your first contact with the officer aggressive.  Questions like that might seem harmless enough, but the best thing to do is let the police officer lead the conversation.  When you are waiting for the officer to come to your vehicle, simply get your driver's license and insurance card out, roll your window down, and wait.

That brings us to your first required action -- giving the officer your license and proof insurance.  If you've been pulled over while operating a motor vehicle, state law requires you to present both of these things.  This is called the implied consent law.  If you have both a license and valid auto insurance but don't have them with you in the vehicle, you do have time to show them to the court before additional citations are issued.  In most cases, providing proof of license and proof of insurance for the date of the traffic stop before your first court date is sufficient.  If you have your license and insurance and just don't want to show the officer, then you're crazy.  Just show him.  If you've got warrants, outstanding tickets, or something of that ilk, they're going to find out, anyway.  Just cut to the chase and take your medicine.

Another thing that technically you don't have to do, but it's certainly in your best interests, is to exit the car if the officer asks you to.  Basically, you don't have to comply with his request, but if you choose not to, it will no longer be a request.  Make sure to close the door behind you, however, as leaving it open could lead to the officer using plain sight to see something you'd rather him not see.  

There are a number of things you don't have to allow the officer to do.  First and foremost, you have no obligation to agree to any search of your vehicle.  Even if you have nothing to hide, there is no reason to allow an officer to rifling through your personal property.  If he asks to search the interior of your vehicle, politely turn him down.  If he asks you to open your trunk, politely decline.  If he asks you to open your glove compartment, politely decline.  Sometimes, officers will phrase such requests as statements, saying something blunt like "Open your trunk, sir/ma'am."  Don't be fooled.  A police officer can not order his or her way onto or into your personal property.  If they would like to search your vehicle, they'll have to get a warrant.  If they tell you they have probable cause to search your car and forcibly enter your vehicle to do so, contact a Minnesota criminal defense attorney immediately.  The search taking place is likely illegal.  There are some certain circumstances where courts have allowed officers to search cars, but that is for another day.

Lastly, the best way to avoid saying or doing something dumb is to remove yourself from the situation as soon as possible.  In most traffic stops, the end is very apparent.  The officer will talk to you, get your information, write you a ticket/warning (or not if you're lucky) and tell you to be on your way.  In some circumstances, however, the nature of the stop is more ambiguous.  If the officer is asking you a lot of questions, asking to search your vehicle, or threatening to bring in back up if you don't adhere to his instructions, you need to determine what kind of trouble you're in.  The easiest way to do this is to ask the officer if you are being detained.  If the officer says that you are not being detained, politely ask if you are free to leave.  If the answer to this is "no," then disregard the officer's first answer.  You are being detained.  If this is the case, assert your right to speak with your Minnesota defense attorney immediately.  If the officer says that you are free to leave, simply get in your vehicle and slowly drive away.  If he says you are free to leave but continues to ask questions, keep asking if you are allowed to leave until he stops.  Never walk away while still being spoken to.  As always, if you have to have this exchange with an officer, be polite and courteous.

Being armed withe knowledge of your rights is very important, but can also be detrimental.  All too often, citizens will get "snippy" with officers in an effort to protect their rights.  Your first instinct when dealing with police should not be to get defensive and assume that they are trying to take advantage of you.  Police exist to help in our society.  Always assume that they are doing things the right way until they give you reason to believe that they are not.  By keeping these simple concepts in mind, however, you could avoid putting yourself in more trouble than you deserve the next time you're pulled over when driving.

As always, the views expressed in this blog are not intended to be legal advertising or legal advice.  The Minnesota Criminal Defense Blog is intended solely for entertainment purposes.  If you have been charged with traffic violations or believe that your rights have been infringed upon by an officer of the law, contact a Minnesota criminal defense lawyer directly in order to get the legal guidance you will need in order to obtain the best possible result in your situation.

Do DWI's Really Get Dismissed?

I would guess that over half the legal questions I get asked (at least those not regarding people like OJ Simpson, Michael Jackson, or Jerry Sandusky) are about DWI's in one way or another.  This isn't surprising, seeing as in 2010, almost 30,000 DWI's were issued to drivers on Minnesota roads, according to the Minnesota Department of Public Safety's "Impaired Driving Stats" (you can check out all the stats for 2010 here).  42% of those DWI's were issued to drivers who had already been charged with at least one prior DWI.  Clearly, DWI's affect a large subsection of the population and are, therefore, a popular discussion topic as soon as folks find out what I do for a living.

The most common question is whether, even if you fail the field sobriety test or submit a Breathalyzer test that registers above Minnesota's legal limit of .08 BAC, the case can still be dismissed or the charges reduced?  The short answer is yes.  Being guilty of impaired driving doesn't necessarily mean that a DWI charge will hold up against you.  Obviously, being in the wrong makes things more difficult, and your best bet is to always find a designated driver or call a cab, but there can be ways to avoid the devastating effects of a DWI conviction.

Make no mistake:  DWI convictions are bad news.  Even the lowest DWI charge in Minnesota (4th degree DWI -- first offense with no aggravating factors or test refusal) is a misdemeanor that can carry with it a 90 day jail sentence and a $1,000 fine.  Subsequent offenses or aggravating factors can hike the penalties up exponentially and make for a very uncomfortable time in front of the judge.  Hiring a Minnesota DWI lawyer should be your first step when facing a DWI conviction.  However, just being guilty doesn't necessarily mean you're guilty.


The most common way to get a seemingly valid DWI charge dismissed is by challenging the grounds for the initial traffic stop.  Because we live in a country and a state that protects the rights of citizens, the ends do not always justify the means in the law enforcement world.  If you are stopped by a police officer and are subsequently found to be driving while impaired, it is still necessary for the officer to have stopped you for a valid reason.  Simply being drunk or impaired upon being stopped does not give the police officer rationale for stopping you in the first place.

A recent case I found illustrates this well.  A driver was seen to be traveling in an interesting manner by an officer in St. Peter, MN.  The driver made a couple of u-turns, delayed at a light, and changed directions a few times for seemingly no reason.  As the court opinion states (you can check that out here), however, the driver never committed a traffic violation that would give the officer reason to pull him over.  Simply driving with nowhere to go is not a crime, and therefore, the charges were dismissed for lack of probable cause for a traffic stop.

In this case, once stopped by the officer, the driver failed to pass a field sobriety test.  There seems to be little question that the driver was intoxicated at the time of his stop, but because the officer was found to have no evidence for the basis of his stop, the charges against the intoxicated driver were dismissed.  The case outlined here is just one in many cases of this kind.  Law enforcement must have a reason to make a traffic stop.  It cannot be based solely on suspicion or curiosity.

Seems easy enough, right?  Wrong.  The problem is that your average citizen likely doesn't know what constitutes a legal traffic stop, what they can be stopped for, or how to respond to an officer's requests during a stop.  A lot can go wrong if you try to defend your DWI charge on your own.  Your best bet, as it is with any criminal charge, is to contact an experienced Minnesota criminal defense lawyer.  If you have recently been charged with a DWI and have yet to contact an attorney, do it as soon as possible to ensure that everything can be done to win your case is done.

As always, this article in and of itself should not be construed as any kind of legal advice.  Every criminal defense situation is different.  If you have a situation that requires legal advice, please contact a Minnesota criminal defense attorney and make sure you have all the help you will need.