Legal Question in Criminal Law in Minnesota

Traffic arrest

My son was pulled over for running through a stop sign on a summer evening this past July. He also got a curfew violation as it was 1:00am and he is 17. He also was cited for not having his driver's license on him. Which of these might we have success getting dropped.

One other bit of information, the officer called me from the officer's cell phone and asked me if my son had my permission to be out past curfew and asked if I knew what he had been up to that night. I told him that he had been hanging out with his girlfriend. I wasn't more specific because he woke me from a dead sleep.

Our son and his girlfriend had hung out at our house that night. He later drove her home. This is a common occurrence as he has his own car. It got late that night because they were looking at her senior pictures with her mom and dad. Her dad took the pics and we are thinking of having him take our son' s senior pictures. We since have done that. He will turn eighteen on September 26 two weeks before his court date.

He does have a recent speeding ticket on his record from late May or early June.

Thanks for any insights!


Asked on 9/10/07, 11:26 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Traffic arrest

1. I would not want a "no drivers license" violation. If he comes to court with a valid DL, and it was valid on date of the stop, the prosecutor may drop it.

2. I would not want a "stop sign violation" on my DL record, either. I would try to get a "continuance for dismissal" (sometimes called by other terms) where there is no guilty plea, and it would be dismissed (in a year) if there were no similar violations, and some amount of money is paid. I would propose any amount of money they deem fit, in order to keep it off the DL record. Prosecutors usually will do this, if no priors, somtimes will with priors but would want a lot more money in "court costs." May have to set a trial date, to get that good a deal.

3. Curfew. This is least important, usually, and should not go on the DL record. It could be important if he has had, or is likely to have, other juvenile court troubles.

4. Lawyer. He can hire a lawyer, or go it alone.

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Answered on 9/10/07, 4:37 pm


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