Laserfiche WebLink
T6c honorable Sto' -c Srn 6 <br />Minnesota House of Representatives <br />October 2, 2003 <br />Page 4 <br />violation bureau.? Every court administrator is required to ke1p a "full record of every case <br />or ordinance, regulating the <br />e uniform traffic ticket shows <br />ations whether the violation is <br />in which a person is charged with a violation of any la <br />operation of vehicles on highways.''' The required use of th <br />the intent of the State to fully regulate and enforce traffic vio <br />of state law or of local ordinance. <br />The State appears to have fully entered the field of traffic <br />certain areas of regulation to municipalities, the State has <br />traffic regulations. The legislature has expressed an in <br />uniform across the State. In short, the State is the sole <br />violations.9 <br />My office has already started addressing this issue with <br />recently adopted, or are planning on adopting, their own local tra <br />Public Policy Concerns <br />gulations. Although it has left <br />n full control of all other <br />nt to keep traffic regulation <br />authority for regulating traffic <br />local governments who have <br />tc ticket procedures. <br />Even if the State had not preempted municipalities' abili to regulate traffic concerns, <br />there would be public policy concerns in allowing munic palities the authority to issue <br />penalties for traffic offenses. <br />Administrative penalties would present public policy conce <br />enforcement. Administrative penalties would allow citizens <br />violations that the State could not track. Administrative <br />violations will not appear on the driver's record. While mos <br />petty misdemeanors, a moving violation preceded by two <br />convictions in the prior year is a misdemeanor offense.10 <br />handled as petty misdemeanor matters, appropriate offens <br />required by statute. In addition, the Department of Publi <br />determine habitual violators of traffic laws,ll and insurance <br />obtain accurate information on drivers.12 <br />s in the area of traffic law <br />to have undocumented traffic <br />sanctions for moving traffic <br />violations of Chapter 169 are <br />or more petty misdemeanor <br />f speeding violations were not <br />s would not be enhanced as <br />Safety would be unable to <br />agencies would be unable to <br />Also, during the 2003 legislative session. the 535 sure large collected by the court <br />administrator for every person convicted of any felony, grss misdemeanor, misdemeanor <br />Sce Minn. Stat. § 169.99, subd. 1 (4) (2002). <br />See Minn. Star § 169.95 a 2002 ( ) (emphasis added). Failure to comply with this requirement <br />constitutes misconduct and is grounds for removal. See Minn. Stat. § 169.95 (e) (2002). <br />9 In reviewing this issuc, my office became aware that the cities of New Brighton, Mounds View, Fergus <br />Falls, White Bear Lake, Minnetonka, Northfield. and Crosby currently cite drivers with administrative <br />citations for traffic offenses. <br />° See Minn. Stat. § 169.89, subd. 1 (2) (2002). <br />11 See Minn. Stat. § 171.18, subd. 1 (4) (2002). <br />u <br />The State 4uditor'S Office understands that in criminal proceeding; the county attorney may agree to a <br />for so tra(ric violation tha. ..,ns a traffic violation off a citizen': record. See Minn. Stat. § 609.122 <br />- 1 9 - <br />