Legal Question in Traffic Law in Minnesota

Ticketed under wrong statue, is it valid?

I was ticketed for statue 169.28 (driving vehicle required to stop at railroad crossing) I was driving a Blazer, a personal vehicle, nothing that falls under #169.28 In my state that fine is $140 I didn't stop at the stop sign at a railroad crossing in a PLAIN vehicle, I should have been ticketed under #169.30 (stop sign violation) this cost is $90 Is this ticket valid if the officer ticketed for wrong violation of said stop? Also I was told that if there is more than one street sign on a post/pole it then makes that sign void. On that stop sign, it's a wood post with a stop sign about 6-7 feet up and on top of this post is the railroad crossing ''X'' sign. Is that true that when these signs are put together on the same pole/post the stop sign is then ''illegal'' to enforce? I have searched every online for these two topics and cannot find anything anywhere! I plan on going to my court date and protesting the ticket statue # but just want to know if they can still legally keep the charges or change them to the correct one after the fact, or do they have to drop them completely since they screwed up? Thanks~!


Asked on 4/28/03, 9:12 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Ticketed under wrong statue, is it valid?

Go out and measure the sign. If the distance between the bottom of the lowest sign on the post and the pavement is less than six feet, it probably violates state regulations. The regulations vary depending on type of neighborhood. I would have to sit down with you and go over it with you. I have the regulations here in my office. I got them from the state highway engineer - and doubt that they would be available on line.

It seems very few folks know anything about those sign regulations. That includes cops and judges. Every time I have a case where the rules are violated, I have a lot of educational work to do. They start off by thinking I'm nuts, but often I get a ruling in my client's favor. It's a lot of work and most folks can't afford my fee.

If the charge on the ticket is wrong, they will just amend it to the correct charge. That error does not get you completely off or anything.

Good luck.

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Answered on 4/29/03, 1:43 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Ticketed under wrong statue, is it valid?

Unfortunately, the ticket can always be reissued or the charge amended at Court to correct the statute number.

Nonetheless, you should raise the issue with the prosecutor and suggest a "Stay of Prosecution." A "Stay of Prosecution" essentially means that the ticket is ultimately dismissed if you have no same or similar tickets with in a prescribed period of time (usually a year).

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Answered on 4/29/03, 5:05 pm


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