There is a Minnesota traffic statute that limits the use of a criminal traffic conviction in Minnesota. Minnesota Statute Section 169.94 states that a conviction under the Minnesota traffic statutes cannot be used in a civil trial. It would usually come up in a personal injury case involving a car accident. A Minnesota traffic ticket attorney needs to be aware of this statute.
A common misperception is that paying a traffic ticket, such as failure to yield right of way, would be admissible to show fault in a personal injury trial. After all, if somebody claims that the other car did not stop at a stop sign and paid a ticket for Failing to Stop at a Stop Sign, isn’t that evidence of negligence in a personal injury trial? There is a Minnesota Court decision, Souden v. Johnson, 125 N.W.2d 742 (Minn. 1963), that held it was error to allow evidence that the negligent driver was given a ticket for DUI and leaving the scene of an accident in a personal injury trial. Other courts have held that it is impermissible to use the paid ticket to cloud the credibility of the negligent driver.
The tactic of excluding evidence of the Minnesota traffic ticket at the personal injury trial is not used as often as it could be by personal injury trial attorneys. If you have a question concerning your personal injury case or the effect of paying a traffic ticket, call your Minnesota traffic ticket attorney.
Good point. The same goes in Wisconsin. I’m glad someone it pointing this out. I use these statutes when my client, the plaintiff, got a ticket AND the defendant got a ticket. It is the jury’s duty to determine who is more/most at fault. Who the police gave tickets to is not relevant.
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Comment by jonpgroth — April 30, 2008 @ 3:47 pm |