Law enforcement is extra-busy during the holidays keeping the roads and streets safe from drunk drivers and other hazards. Sober or not, you might still be cited for a traffic violation. Likewise, snow emergencies and shopping traffic pose additional challenges to drivers hoping to avoid parking citations. But let’s say you have been ticketed, and unjustly in your opinion. What are your options? What can you can anticipate? The easy resolution is to pay the fine, of course. (This will be considered a plea of guilty.) Doing so as soon as possible will help you avoid any late fees. But what if you feel you are in the right and want to contest the ticket? After you confirm that your ticket has been posted, you may call to set up an appointment with a hearing officer. This person has the authority hear your side of the story and to dismiss certain offenses. (This is easily your best opportunity to present your view of the facts and get the matter resolved. In neighboring Hennepin County, about 90% of those who meet with a hearing officer settle their case!)
If you cannot resolve your issue with the hearing officer, and your particular offense requires a court date, you will be mailed the time and date of when you need to appear. You may decide to contact a lawyer for this appearance. (Note: Only charges carrying the possibility of jail time are eligible for public defender representation.) If you can’t appear on your court date for whatever reason, you must contact the court administrator to inquire about a continuance. If you do miss your court date, the charge may be certified to your driving record and a bench warrant may be issued for your arrest. If you have already missed your court date through no fault of your own, you should contact the Court Scheduling office to learn what you need to do. All of this information and more is available at the 2nd Judicial District section of the Minnesota Courts webpage.
Let’s say you have followed these steps through to your pre-trial conference and trial dates, and the court has still found you guilty. Or you didn’t make your court date and a default judgment has been entered against you. Legally you have the option of filing an appeal. This is not a small task. Appellate filing fees are currently $550, and you will have to plead the merits of your case as it relates to its reviewability as well as its grounds for reversal. (See the new 2014 Appellate Standards of Review.) “The judge was rude” or “I forgot my court date” probably won’t help for either requirement. Time is also of the essence – See MN Rules Crim. Proc. 28.02 for the time window allowed to appeal misdemeanor judgments. If you are still determined to proceed at this point, seriously consider consulting an attorney.
However you choose to proceed with your parking/traffic citation, you are far better off addressing it promptly rather than burying it in your glove box. Consider stopping by the Law Library to consult print resources like Beat Your Ticket (Nolo 2013) or Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses (LexisNexis 2014 Ed.) to learn more.
