Traffic Violation Tickets For Texting And Driving Will Be Increased Throughout The Summer

Traffic violation tickets are on the rise in Minnesota. The Minnesota State Patrol are trying to get the numbers to decrease. There have been a large amount of distracted drivers in Minnesota. According to WCCO, more than 300 law enforcement agencies are looking for drivers who are texting and driving. Typically, one in four crashes are related to distracted drivers. Police will be looking at driving behavior and driving conduct. The police will be looking for the impact of the distraction on peoples driving conduct. The enhanced traffic violation citations will be continued throughout the summer. According to the department of public safety, distracted or inattentive driving is when a “driver engages in any activity that might distract them from the primary task of driving.”

Pursuant to Minn. Stat 169.475 states that “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.” Subd. 2.Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

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Defense and exceptions

There are defenses to traffic violations when dealing with the use of wireless communication devices under the statute.

(1) solely in a voice-activated or other hands-free mode;
(2) for making a cellular phone call;
(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
(4) in the reasonable belief that a person’s life or safety is in immediate danger; or
(5) in an authorized emergency vehicle while in the performance of official duties.

If you have been charged with a traffic offense, contact Keller Criminal Defense Attorneys. A Minneapolis Defense attorney be able to view to evidence and see if any defenses apply in your case. A Minneapolis Defense Attorney may be able to challenge the evidence in your case. A Minneapolis defense attorney may also challenge the constitutionally of the statute and the laws in the state. Max Keller is a criminal attorney in Hennepin County, Minnesota. Keller Criminal Defense Attorneys offers free consultations. Call 952-913-1421 to talk with a criminal attorney licensed in Minnesota. Max Keller has handled many traffic violation cases. The attorneys at Keller Criminal Defense Attorneys have also won bench trials and have got traffic violation tickets dismissed. There are also many ways to keep this from going on your record. Max Keller will fight for you and will meet with you for free. Please visit the firm’s website at www.kellerlawoffices.com.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.