Ask a Trooper: Driving records
Question: I was stopped for speeding and ticketed by an officer who told me that that the violation would not go on my record because it is not over 10 miles per hour over the limit and it was in a 55 mile per hour speed zone. I found out later that it did in fact go on my record. I have a Commercial Vehicle Driver’s License, but I was in my car at the time of the stop. What’s the deal?
Answer: The law exempting 65/55 speeding convictions from driving records doesn’t apply to Commercial Motor Vehicles (CMVs) or Commercial Driver License (CDL) holders, even if the CDL holder is driving a passenger car at the time of the 65/55 speeding violation.
State statute 171.12, Subdivision 6, talks about certain convictions not recorded: “(a) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of the speed limit.
(b) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the violation consisted of a speed greater than:
(1) ten miles per hour in excess of the speed limit, for any violation occurring on or after August 1, 2012, and before August 1, 2014; or
(2) five miles per hour in excess of the speed limit for any violation occurring on or after August 1, 2014.
(c) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver’s license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.”
So, officers should make sure they do not inform violators driving a CMV or issued a CDL, who they are citing for 65/55, that the 65/55 speed citation won’t go on their driving record, because it does. Remember, extra speed patrols are on the roads this summer. Drive at safe speeds! Minnesota state statutes are copyrighted, and a portion of the statutes was used with permission from the Office of the Revisor of Statutes.
If you have any questions for future columns concerning motor vehicle traffic in Minnesota, please send your questions to: “ASK A TROOPER” c/o Sgt. Curt S. Mowers, Minnesota State Patrol, 7694 Industrial Park Road, Suite 2 Baxter, MN 56425 or email questions to firstname.lastname@example.org with Ask a Trooper in the subject line. Questions are edited.