Every four or five years I get a traffic ticket. Typically, I am driving along with my mind far off and miss a stop sign or enter a restricted speed zone. The red light flashes, and I come out of my reverie, wondering “what did I do wrong now?”
The police officer tells me. My side of the conversation is: “Yes sir … no sir … thank you officer.” Then I mail in the ticket with my fine. Once I felt I wasn’t guilty, and considered pleading not guilty, but in the end decided it wasn’t worth fighting, so pleaded guilty and paid the fine.
Most good citizens have similar experiences. I don’t think it is possible for an active citizen to go through life without violating some of our laws on occasion.
We classify our criminal laws according to the severity of the penalty. The most serious crimes are called felonies, and may result in years of imprisonment. The others are misdemeanors.
In Minnesota we divide our misdemeanors into three classes: petty misdemeanors, ordinary misdemeanors and gross misdemeanors. Most minor traffic offenses are petty misdemeanors, and carry a maximum of a $200 fine.
Most other offenses are misdemeanors having a maximum penalty of a $1,000 fine and 90 days in jail. These include the more serious traffic offenses, fish and game violations, shoplifting, bad checks, assault and most other offenses.
Gross misdemeanors can be punished by up to a $3,000 fine and a year in jail. Twenty years ago there were few gross misdemeanors, but recently the Legislature has created a lot. Many are repeat misdemeanor offenses (such as a second drunk driving, assault or driving without insurance). Ordinarily, a judge will impose far less than the maximum penalty.
What should you do if you are charged with a misdemeanor? I try to obey the laws, but I have blown a stop sign, exceeded the posted speed, or parked illegally many times.
Usually I’m not caught. When I am, I pay my fine and get on with life. Let’s look at what you can do.
The first step is the interview with the police officer. It never pays to fight or argue with him. He is just doing his job.
Be polite; if you feel you are in the wrong, apologize. On the other hand, you have no obligation to help him convict you. So generally the less you say, the better. Sometimes with minor offenses, if you approach it this way, the officer will let you off with a warning. But you have no right to get off with a warning, so don’t complain if you get the ticket.
After you are charged, try to be honest with yourself. Are you guilty? Is the charge excessive? (Were you charged with careless driving when all you did was speed?)
If you feel an injustice is being done, talk with an attorney. If the charge is serious so you may be facing a jail sentence, you have the right to an appointed attorney if you can’t afford to hire one.
Your attorney cannot disclose what you tell her, and it never pays to lie to your attorney. If you tell her the truth, she can analyze the case and give you the best advice.
Rarely is someone charged with a crime totally innocent. But you may be overcharged, or the prosecution may not be able to prove the case.
If the offense is serious, or if you irritated the officer, you may be charged with several counts like speeding, inattentive driving, careless driving, crossing the center line, no seat belt, failure to stop.
If you don’t have an attorney, you may talk to the prosecutor, and if you are polite, the prosecutor will usually agree to dismiss some of the charges if you plead guilty to one or two of the charges.
In addition, the prosecutor may agree to a “cap”on the penalty. For example, “not to exceed a $200 fine and two days in jail.” If so, the judge must follow the agreement.
In the end, your best defense is your good attitude.
– Linn Slattengren of Shafer is a retired Tenth Judicial District Court judge. His column will appear occasionally in the Advocate. He will write on basic legal issues affecting Minnesota citizens. The Tenth District includes Wright County.