Walk It Through: Pulled Over In Minnesota
The license, insurance on a phone, a passenger's name, a phone and the test.
Lights behind you on the interstate. You pull onto the shoulder and the officer walks up.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop on the interstate. Whether the stop was lawful, the roadside sobriety tests, the degrees of impaired driving, and what follows a revocation are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Fictitious nameA name other than a nickname, given to a peace officer with intent to obstruct justice during a lawful stop, arrest or other duty. A misdemeanor, and giving another person's name and date of birth is a gross misdemeanor.
- Gross misdemeanorAny crime that is not a felony or misdemeanor. Where no other penalty is set, it carries up to 364 days, a $3,000 fine, or both.
- Driving while impairedDriving, operating or being in physical control of a motor vehicle under the influence of alcohol, a controlled substance or cannabis products, or with an alcohol concentration of 0.08 or more within two hours of driving.
- Implied consentEvery driver in the state consents to a chemical test of blood, breath or urine at a peace officer's direction when the officer has probable cause to believe the person drove while impaired.
- Obstructing legal processIntentionally obstructing, resisting or interfering with a peace officer performing official duties, or obstructing an arrest. Up to 90 days, a $1,000 fine, or both, and more with force or violence.
- Hands freeCalls and messages in a voice-activated or hands-free mode, the only way a driver may use a wireless device while the vehicle is moving or part of traffic.
- Notice to appearThe written notice an officer prepares for a traffic violation to appear in court. On a petty misdemeanor, failing to appear is treated as a guilty plea and a waiver of trial, unless the failure is due to circumstances beyond the person's control.
- Petty misdemeanorAn offense that is not a crime, punishable by a fine of not more than $300.
- Proof of insuranceProof of insurance covering the vehicle, which every driver has and produces on an officer's demand. Not producing it is a misdemeanor, with a fine of at least $200.