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  1. #1
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    Jul 2009
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    Default Careless Driving in Minnesota

    My question involves a careless driving ticket from the State of: Minnesota.

    I stayed overnight at a friends house in Saint Paul and woke up the next morning to drive home. I came to my car and saw that it had a rock thrown through the back windshield. I drove it home to so I could get it fixed. On the way home I was pulled over by a police officer. He said he pulled me over because I was doing 10 under the speed limit. On the highway in question it is a 60 mph with a 40 mph minium, so I was doing 50 mph. I explained to the officer that I was driving that slow because I had shards of glass flying in from my back windshelid. He asked how much I was drinking and I said only from last night was I drinking. I was given a field sobroity test and was not told wither I passed or not. I ended up blowing a .07 when the legal limit in Minnesota was .08. I was not arrested but I was not allowed to drive my car back and had to have someone pick it up for me. I was given a carless driving ticket and was not explained to as why. My question is do I have a case to have the ticket dropped because I was driving under with a broken windshield and being under the legal limit to drive?

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Careless Driving in Minnesota

    Quote Quoting guest81
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    I ended up blowing a .07 when the legal limit in Minnesota was .08.
    169.13 RECKLESS OR CARELESS DRIVING.
    Subd. 2. Careless driving.
    Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle, is guilty of a misdemeanor.


    If the officer is able to establish that by your being "under the influence" of alcohol ~albeit under the .08 limit~, that you were likely to endanger any property or any person, then you're in trouble.

    If I were you, I would consult with an attorney!

  3. #3
    Join Date
    Jul 2009
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    bay area
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    3

    Default Re: Careless Driving in Minnesota

    Its right on the edge. but you technically do not have a DUI i don't think?, they could try and slap you with a wet reckless but It seems they did not.?? not sure, maybe lucky you!? (I still need violation section number to determine this).
    Can you tell us what code section violation was on the ticket? You may have a "lack of probable cause" case because the cop may not have had reason to stop you initially. You must file motions though to win, so if your not legally savvy you may wish to hire counsel. cops will often lie in court (because the system serves itself to your money and they are mostly all complicit in this). Higher courts really know this lie tendency but lower courts turn a blind eye.

    So you must know rules of evidence and subpoena dash cam tapes etc. if needed to prove this and keep the cop honest. ALSO never make admissions and confessions to cops. Give them ONLY what is required and then ask for counsel if they ask you any more questions outside the scope of the original stop. Admitting you drank the night before was not a good idea. Its better to say "I don't answer any questions without counsel present". and "I demand all my rights including my right to remain silent at all stages of questioning". (This applies to questions outside the "normal" questions they ask like your driving your DL#, insurance papers, reg etc.). Your drivers license is "evidence of consent" to give blood alcohol but that's on them and not you. They must have PC first to technically have the right to make you blow BAC test. But if you admit it then they automatically have PC (probable cause).
    it's better to ask them if you have a right not to answer any questions and see what they say. also remember cops are allowed to lie in many situations but just not in court under oath or in reports. (that is if they are honest).
    Many cops have gone to jail for perjury.

    so, You must know the sections you violated, the actual speed limits allowed for and know and study your rights and rules of court procedure before going to court and fighting it. Your constitutional rights can only be asserted by you in court and your counsel can be there and file paper and help argue but the rule is YOU must assert your rights personally before the court and at all times when being confronted by law enforcement. But try and be nice about it.

    In the future I recommend carrying an alcohol level breath tester. Its real cheap insurance at 100 bucks. even at .06 a person can be dangerous so your mood, tolerance and recent sleep activities do affect driving.
    Good luck and be safe! any more questions??, I'm here....

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