Legal Question in Traffic Law in Minnesota

Keep moving violation off driving record?

Earlier today I managed to completely miss a "no left turn from 4-6pm" sign, and got pulled over (along with at least 5 other vehicles at the same time). I received a citation for failure to obey traffic control device (169.06(4)(a)). I am clearly guilty, but I have been working on keeping a clean driving record which I have done for the last 6 years. I am wondering what my best bet would be to keep this off of my driving record (and avoid increasing my insurance premiums). I don't care about paying the $128 fine. I've read about deferred adjudication, stay of imposition/prosecution, vacating a conviction...but I'm not sure what the difference between these is, and which I should ask for. Do I have to get a trial date and speak to a judge in order to get one of these?

Please advise...

Thank you!


Asked on 10/20/09, 12:12 am

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

You must schedule a court date and speak withthe prsecutor, not the Judge. A Judge cannot order a Stay of Prosecution over the objection of the prosecutor. As a result, your negotiation is with the prosecutor. With a clean record, in most cases, a Stay of Prosecution is a potential outcome.

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Answered on 10/27/09, 10:13 am


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