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"Fail to drive with due care" Citation

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ShahinK

Junior Member
What is the name of your state (only U.S. law)? Minnesota

Hello, I came across this site while searching for some more information about the citation I received today.

This morning while driving on 35W, I changed lanes a few times and passed some cars. It was about 9:30 am, and traffic was still fairly dense due to the construction that is going on on that freeway. As I was driving, while I was not looking at my speedometer, I was aware that I was keeping pace with the traffic flow for the most part. A good portion of 35W is 3 lanes due to construction, and it then becomes a 4 lane. Once I reached the 4 lane portion and was more free to maneuver, I noticed that about 5 cars back there was a state trooper with his lights flashing. I, assuming the trooper was on a hurry to get somewhere, so I like the other cars behind me, signaled and moved to the right lanes, but then I realized that he was actually coming after me as I then pulled over to the side.

I was shocked as this has been my first traffic violation ever, and was not sure what to say or do. He came out and asked where I was going and if I knew how fast I was going. I told him I was going to the University and was not sure what my speed was, but I thought I was fine as I was going with the traffic.

He then stated that I was going "almost about 75 mph" in a construction zone, and that I did not use my blinkers. I knew and KNOW for sure that I DID use my blinkers while changing lanes, and there was no way for me to even go that fast.

He left and came back with the citation. On it, it says "Fail to drive with due care."

In the next section below, it looks like he had originally checked the "SPEED MS169.14" box. But the "___mph in a ___mph zone" is left blank, and then the whole thing is crossed out.

Being that he does not have a speed recorded, either I was indeed not speeding, or I am guessing he was not able to get a reading of my speed from several cars back?

I am really scared however, because it seems like the fine for it is $145, and that is doubled if in a construction zone? I also do not know how bad a "Fail to Drive with Due Care" is. Other than a no-fault accident that I got into 3 years ago, my record is completely clean of any traffic or even parking violation what so ever. Being that I am a college student and not very flexible financially, I often ride the bus to campus in order to avoid parking cost. $145 alone is too much for me to handle, let alone $290 along with an increase in my auto insurance.

I apologize about the long post, but I am in desperate need of your advice and guidance. How much trouble am I in? What does this mean? Is there a way for me to fight it given my clean record and no speed being written on this citation? How badly will this hurt me, and what are my options?

Your help and advice will be greatly appreciated.

Thank you
 


Hey There

Member
What is the citation code and description you were cited for?
Driving without due care is a subjective citation.

A book published by NOLO, possibly available from a local library has information on how to contest a traffic ticket.

Further information from websites can be obtained by typing in key phrases in a Google search window such as
"How to Contest a Traffic Ticket in Minnesota"

Best Regards,
Hey There
 

ShahinK

Junior Member
Wow I had no idea there was a book out on such matter.

My citation if based on Statute 169.14 (1)

Subdivision 1.Duty to drive with due care

No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
I too was thinking it was a subjective citation, but I thought that would also make it much more difficult to fight as it would be difficult to come up with any sort of a legal defense. My word vs. the officer's. Would I have a chance?

I will certainly do more research on it, and look for that book as well. I would also appreciate it if you could provide any tips or comments if possible.

Frankly if I was speeding and I got a ticket for it, I would have accepted it by being able to at least say that I was speeding and I got ticketed for it. But with this it is not specific at all...at least to me. And it is worrying me both because it could end up being very expensive and hurting my record causing my insurance to shoot up.

Shahin
 

Hey There

Member
In every event speed shall be so restricted as may be necessary to avoid colliding with any person
Using due care is not colliding with another vehicle, not having another driver take evasive action to avoid an accident, not braking to where rubber is laid, not laying on the horn because of a possible collision etc.

That said do note that what HWY Patrolmen look for is a driver changing lanes.

Best Regards,
Hey There
 

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