Legal Question in Traffic Law in Minnesota

Reckless Driving

A vehicle was parked on the side of a one way street. Since there

was not a lot of room on the street, it pulled off half ways into the

ditch. The ditch was wet from recent rains and the truck slid down

into the ditch and was stuck.

Before the truck could be pulled out, an officer arrived on the

scene. The officer did not allow the truck to be pulled out by the

witnesses, but called a towing company.

The officer never saw the driver in the vehicle - nor did he witness

the way the vehicle entered the ditch. The same scenerio above

was explained to the officer. After the truck was pulled out, the

officer said he was going to issue a reckless driving ticket. Is that

legal?

Additionaly, is it legal for the officer to demand a towing company

come to pull the truck out? The officer did not specify to the towing

company what had occured, so the towing company came with a

flat bed truck, which is more expensive to use. Who is responsible

for the difference is cost between the standard truck and a flat

bed?

This happened around the city of New Prague in Scott County.

Thanks


Asked on 4/26/05, 11:10 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Reckless Driving

the answer is that the officer can certainly issue the ticket based on the evidence at hand. It is alos true, however, that the pprosecutor would be hard pressed to prove the facts warranting a reckless driving ticket at trial.

The ticket should be contested. If you would like representation on that issue, please call us at 952.746.2153.

Read more
Answered on 4/26/05, 11:56 am


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