Traffic Citations

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INFORMATION BRIEF

Research Department

Minnesota House of Representatives

600 State Office Building

St. Paul, MN 55155

Matt Burress, Legislative Analyst

Rebecca Pirius, Legislative Analyst December 2010

Traffic Citations

This briefing provides an overview of citations for a traffic violation, focusing on

basic penalties, the assessment of fines, and the allocation of fine proceeds. Many

traffic violations can be addressed solely through payment of a fine at an amount

set on a uniform fine schedule, while more serious violations usually require a

court appearance. The amount paid is composed of a base fine, a surcharge, and a

law library fee. Proceeds are allocated to local units of government and different

state funds and accounts, following formulas that vary depending on the

circumstances of the violation.

Contents

Executive Summary ......................................................................................... 2

Penalties for Traffic Violations ........................................................................ 3

Fines ................................................................................................................. 5

Disbursement of Funds .................................................................................... 7

This document is made available electronically by the Minnesota Legislative Reference Library

as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

House Research Department December 2010

Traffic Citations Page 2

Executive Summary

Offenses and penalties. State statutes regulate traffic and motor vehicle operation through

various prohibitions and requirements. There are four basic “offense levels” for violation of

traffic (and other criminal) laws. The levels generally reflect differing gravity of offenses;

higher levels carry increased penalties over a lower level.

 A petty misdemeanor is the lowest level of offense. It does not carry a jail sentence but

entails a fine of up to $300. A petty misdemeanor is typically a “payable offense,” which

means that the fine can be paid without a court appearance. Fine payment constitutes a

plea of guilty. Many but not all traffic violations are petty misdemeanors.

 The next offense level is a misdemeanor. While a number of traffic-related

misdemeanors are payable offenses, a court appearance is often required. A

misdemeanor is punishable by imprisonment of up to 90 days, a fine of up to $1,000, or

both.

 Most traffic violations are not categorized in the highest offense levels, gross

misdemeanor and felony. Minn. Stat. § 609.03.

Fines. For payable offenses, the amount due is generally set by the judicial branch subject to

statutory maximums set for each offense level. Fines are specified in state statute for some

violations, though, and there are a few situations in which the law establishes a minimum or a

different maximum fine, or raises the fine if certain conditions apply to the violation (such as

doubling the fine for speeding in certain zones). The fine amounts set by the judicial branch are

contained in a uniform statewide fine schedule known as the Statewide Payables List, which is

updated annually. It generally sets fines at a specific dollar amount for each traffic violation. A

discussion of setting fine amounts starts on page 5.

The total amount paid by a violator of a traffic law is composed of a couple of components:

 the base fine, which is the core amount stemming from the violation (typically it is

specified in the Statewide Payables List, although the fine can be set by a judge if there is

a court appearance);

 a surcharge, imposed on all convictions regardless of offense at $12 for parking

violations and $75 all other violations; and

 a law library fee that varies across counties.

Allocation of funds. State statutes establish several formulas for disbursing fine revenue. In

general, money from the base fine is allocated between the state’s general fund, cities and

counties, and state transportation-specific accounting funds. The formula that applies depends

on the circumstances of the offense, such as the city and county where the offense took place and

whether the apprehension was performed by the State Patrol. The surcharge goes to different

state accounts (primarily the general fund), and the library fee goes to the law library of the

county where the offense occurred. More information is available starting on page 7.

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Penalties for Traffic Violations

State law establishes traffic regulations that impose various duties and limitations on motorists.

They include vehicle registration and license plate requirements, directions on how a motor

vehicle must be driven (such as stopping at red lights and using turn signals), vehicle size and

weight restrictions, vehicle equipment requirements, and driver licensing.

Offense levels

Traffic infractions (as well as other law violations) are divided into four basic

levels of offenses reflecting increasing seriousness: petty misdemeanor,

misdemeanor, gross misdemeanor, and felony. The basic methods of

penalizing a person for committing a traffic offense are (1) a fine, (2)

imprisonment, and (3) loss of driving privileges. (This briefing does not

discuss loss of driving privileges, which involve cancellation, suspension, or

revocation of a driver’s license as well as associated costs.)

Payable

offenses

Many traffic violations are considered a “payable offense,” meaning that the

violation can be handled by payment of a fine instead of a court appearance.

Payment of the fine constitutes a plea of guilty.

Petty

misdemeanors

A petty misdemeanor citation does not include a sentence of imprisonment,

but does entail a fine of up to $300. Minn. Stat. § 609.0331. A petty

misdemeanor is normally a payable offense that can be handled through

payment of the fine. It is not subject to a jury trial but rather would be tried

by a judge if the person appears in court. Minn. Stat. § 169.89, subd. 2. In

most cases, a person only cited for a petty misdemeanor traffic violation is

not taken into custody. A petty misdemeanor is not technically considered a

“crime” under Minnesota Statutes (the term is instead reserved for the more

serious offense levels that may subject a person to imprisonment). Minn.

Stat. § 609.02, subd. 4a.

Violation of a traffic regulation is often a petty misdemeanor offense,

although various registration and licensing requirements, some repeat

offenses, and more significant infractions can carry a higher penalty. Minn.

Stat. § 169.89, subd. 1.

Violations that by themselves constitute a petty misdemeanor include:

speeding; various other moving violations like running a red light or failure to

signal a turn; parking in restricted locations; and driving a vehicle having

unsafe equipment such as a faulty brake light or improperly tinted windows.

Minn. Stat. §§ 169.06; 169.14; 169.19; 169.34; 169.50; 169.71.

Crimes

In general, more serious violations of state traffic laws are associated with a

higher offense level. A misdemeanor (the next level above a petty

misdemeanor) is punishable by imprisonment of up to 90 days, a fine of up to

$1,000, or both. Minn. Stat. § 609.03. Among traffic-related misdemeanors,

a number are designated as payable offenses but a court appearance is

required for most of them. Offenses designated as “payable misdemeanors”

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Traffic Citations Page 4

include careless driving (if there was no accident or injury) and failure to

carry proof of auto insurance. Minn. Stat. §§ 169.13; 169.797.

Traffic violations that are normally a petty misdemeanor can be enhanced to a

misdemeanor if:

 identified as having been committed “so as to endanger or be likely to

endanger any person or property” (in which case it is no longer a

payable offense); or

 preceded by two or more petty misdemeanor convictions for any

traffic violations within the previous 12-month period. Minn. Stat. §

169.89, subd. 1.

A gross misdemeanor carries a penalty of up to one year of imprisonment, a

fine of up to $3,000, or both. The highest level of penalty is a felony, which

carries a sentence of more than a year. Minn. Stat. § 609.03.

Administrative

citations

Under a provision enacted in 2009, counties, cities, and towns are authorized

to establish, by resolution, administrative citations that peace officers can

impose instead of petty misdemeanor or criminal citations. Laws 2009, ch.

158, § 6. (The state statute that is violated remains the same, but the fine and

legal process differ for administrative citations.) The authority to issue

administration citations is limited to:

 speeding violations, if the person exceeds the limit by less than 10

miles per hour as actually recorded by the officer;

 failure to stop or yield at designated signs; and

 operating a vehicle that violates certain lighting and equipment

standards (concerning items like window tinting, brakes, tires,

bumpers, and horns). Minn. Stat. § 169.999, subd. 1.

An administrative citation is issued at the peace officer’s discretion; officers

cannot be required to handle eligible violations through administrative

citations. The citation can be contested through a civil process that must be

established by the local unit of government. The process must include a

hearing and rulings by a neutral third party when a citation is contested. This

process is in place of the court system handling the case. The citation is not

recorded on a person’s driving record and does not affect driving privileges.

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Fines

Amount of a

fine

The actual amount of a fine for a traffic violation is not usually set in state

statute. Rather, most fines are determined by either a uniform fine schedule

or a judge, subject to the maximum identified in statute (e.g., up to $300 for a

petty misdemeanor). The fine for an administrative citation is set in statute at

$60. Minn. Stat. § 169.999, subd. 5.

There are exceptions in which an amount is specifically fixed in law. In some

cases, a statutory minimum or different maximum amount exists. Exceptions

can apply to petty misdemeanors as well as some crimes. As examples, it is a

$25 fine for failure to wear a seat belt; it is a fine of no more than $50 for

failure to secure certain children in a child restraint device; and unauthorized

parking in a disability space carries a fine of $100 to $200. Minn. Stat. §§

169.346, subd. 3; 169.685, subd. 5; 169.686, subd. 1.

There are also a few cases in which the fine amount is increased based on the

circumstances of the violation. For instance, the fine is doubled for a person

who violates the speed limit in various ways such as going over the limit by

20 or more miles per hour. Minn. Stat. § 169.14. With some repeat offenses

(in which a person commits more than one violation of a law) a minimum

fine amount is established, as with a minimum fine of $400 for a second or

subsequent instance of littering on a highway. Minn. Stat. § 169.42, subd. 5.

Statewide

Payables List

For petty misdemeanor and some misdemeanor traffic violations where the

fine amount is not already set by statute, the judicial branch maintains a

uniform fine schedule. (There are other schedules for truck-related and

commercial motor vehicle violations as well as for violations related to

natural resources and outdoor activities.) The schedule is the Statewide

Payables List, which is itself authorized by state statute.

Minn. Stat. §

609.101, subd. 4. It is maintained and revised annually by the Judicial

Council (which is the governing body of the judicial branch). There is a $50

default fine for a petty misdemeanor offense where the amount or violation is

not specified in the Statewide Payables List.

In most cases, the fine identified in the Statewide Payables List is a specific

amount for each violation. However, in some cases the fine amount varies,

such as with the fine for speeding (which depends on the extent to which the

person exceeded the limit) or excessive vehicle weight (which scales based

on the extent to which the vehicle was overweight).

For certain offenses, an additional fine schedule can be set at the local judicial

level if a district court has a violations bureau that processes fines paid in lieu

of court appearances. The district court’s fine schedule cannot override

amounts set in the Statewide Payables List. A district court’s schedule is

This is available at: http://www.mncourts.gov/?page=1774.

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used for setting fines for violations of local ordinances as well as state law.

Minn. R. Crim. P. 23.03.

Components of

a fine

The overall fine amount paid for a traffic violation has a few elements.

First,

there is the base fine itself. As discussed, for payable offenses this is

typically set in the Statewide Payables List, but in some cases it is set in

statute at a minimum or specific amount. For crimes requiring a court

appearance, the fine is set by the judge as part of sentencing.

Second, there is a $75 surcharge for all persons convicted of a petty

misdemeanor or crime with a few exceptions.

The surcharge does not apply

(1) to administrative citations, or (2) if the penalty is a petty misdemeanor and

no fine is imposed. Minn. Stat. § 357.021, subd. 6.

The surcharge amount for parking violations is $12.

An additional $1 special

surcharge is also added in the Second Judicial District if authorized by

Ramsey County. Under a 2009 change, only one surcharge per case can be

imposed (that is, if a person is convicted for more than one offense in a case,

there would be only one surcharge). Laws 2009, ch. 83, art. 2, § 22.

Finally, the overall fine can include a fee added for county law libraries.

The amount is set by each county and varies across the state. As examples,

the fee amount is $12 in the Fourth District (covering Hennepin County) and

$10 in the Second District (for Ramsey County). Funds are allotted to

support the library. Minn. Stat. §§ 134A.09; 134A.10.

The following table highlights some example citations and associated fines.

Examples of Fine Components

Violation Base Fine Surcharge

Law

Library

Total

Brake light not working $40 $75 $12 $127

Careless driving

100 75 12 187

Expired driver’s license 100 75 12 187

Expired tabs 30 75 12 117

Parking (too close to fire hydrant) 20 12 0 32

Seatbelt use 25 75 12 112

In addition to the items discussed here, a person could be required to pay vehicle towing and impoundment

costs, restitution, and other court costs.

The surcharge was first instituted starting January 1, 1999. It has been set as follows: fiscal years 1999–2001:

$25, first instituted starting January 1, 1999 (Laws 1998, ch. 367, art. 8, § 5); 2002–2003: $35 (Laws 2001, 1st spec.

sess., ch. 9, art. 18, § 15); 2004–2005: $60 (Laws 2003, 1st spec. sess., ch. 2, art. 8, § 6); 2006–2008: $72 (Laws

2005, ch. 136, art. 14, § 4); and 2009 to present: $75 (Laws 2008, ch. 363, art. 12, § 11).

The surcharge for parking has been set as follows: fiscal years 2004–2005: $3 (Laws 2003, 1st spec. sess., ch.

2, art. 8, § 6); 2006–2008: $4 (Laws 2005, ch. 136, art. 14, § 4); 2010 to present: $12 (Laws 2009, ch. 83, art. 2, §

22).

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Violation Base Fine Surcharge

Law

Library

Total

Speeding (12 m.p.h. over limit) 50 75 12 137

Speeding (24 m.p.h. over limit)

140 75 12 227

Stop sign (failure to stop) 50 75 12 137

Notes

Amount differs depending on the location of the offense. All examples are for Hennepin County.

Violation is payable without a court appearance only if there is no accident or injury.

Base fine includes doubled amount. See Minn. Stat. § 169.14, subd. 2.

Disbursement of Funds

Disbursement of proceeds from the base fine, the surcharge, and an administrative citation are

handled independently, through a number of different allocation formulas discussed below.

Factors in

allocation of

fines

The allocation of base fine proceeds varies. It depends on four factors: (1)

the county, and in a couple cases the city, in which the violation occurred; (2)

who handled prosecution; (3) who apprehended the offender; and (4) in some

cases the specific violation, such as with a parking violation, seat belt

violation, or if exceeding a vehicle weight limit.

General

allocation of

fines

Except for apprehension by the State Patrol, the fine allocation is primarily

based on the location where the offense takes place. Proceeds go to cities or

towns as well as the state. The following table outlines the generally

applicable distribution of proceeds under different circumstances. (The

allocation may be different for a specific offense; state statute should be

consulted to confirm whether there is variation from those outlined below.)

General Allocation of Base Fines for Traffic Violations

Circumstances of offense

To Political

Subdivision

To State

General Fund

In Hennepin County

80% 20%

In Ramsey County

50% 50%

In St. Paul

66 2/3% 33 1/3%

In all other counties 66 2/3% 33 1/3%

If a parking violation 100% 0%

If prosecuted by county attorney

(regardless of circumstances above)

0% 100%

If apprehended by State Patrol

(regardless of circumstances above)

Varies (see page 8)

Notes

Allocation also applies to parking violations.

“Political subdivision” refers to the city or town in which the offense is committed.

Allocation excludes the surcharge and administrative citations.

Allocation for a specific offense may be set differently in state statute.

Minn. Stat. §§ 484.841; 484.85; 484.90; 574.34.

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Other

allocation of

fines

Under state statute, the fine from a seat belt violation must go to an

emergency medical services relief account. The money is distributed:

 90 percent to regional emergency medical services systems for

training, vehicles and equipment, and operations of emergency

transportation; and

 10 percent for State Patrol traffic safety education programs. Minn.

Stat. § 169.686, subd. 3.

If a person is apprehended by the State Patrol, then the fine allocation

follows one of three formulas depending on the circumstances of the

violation. Under the first formula:

 three-eighths of the fine goes to the state’s general fund; and

 of the remaining five-eighths: (1) the first $1,000,000 collected in a

fiscal year goes to the Minnesota grade crossing safety account

, and

(2) the remainder goes to the trunk highway fund.

Second, if the violation is prosecuted by a city attorney (when the fine is not

simply paid) a different formula applies with:

 one-third going to the state’s general fund;

 one-third of the fine going to the municipality; and

 one-third going to the state in the same manner as the five-eighths

allocation outlined above.

Third, if the violation involves motor vehicle weights, the allocation is:

 three-eighths to the state’s general fund; and

 five-eighths to the highway user tax distribution fund. Minn. Stat. §

299D.03, subd. 5.

The third allocation is also used if a person is apprehended for a weight

violation by an employee of the state, such as a qualified vehicle weight

inspector.

Allocation of

the surcharge

The $75 surcharge is distributed based on specified dollar allocations in

addition to a formula, resulting in:

 $65 to the state’s general fund;

 $9.75 to a peace officers training account; and

Fund distribution to the grade crossing account was first established in 2005 at $600,000 and was increased to

$1 million in 2010. Laws 2005, 1

spec. sess., ch. 6, art. 3, § 88; Laws 2010, ch. 351, § 58. Prior to that, the entire

five-eighths went to the trunk highway fund.

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Traffic Citations Page 9

 $0.25 to the game and fish fund to provide training for DNR officers.

The entire $12 parking violation surcharge goes to the state’s general fund.

The additional $1 special surcharge imposed by Ramsey County is credited to

its petty misdemeanor diversion program. Minn. Stat. § 357.021, subd. 7.

Allocation of

administrative

citation

proceeds

The proceeds of an administrative citation are allocated in two ways

depending on who apprehended the violator. If a peace officer employed by a

local unit of government issues the citation, proceeds are distributed:

 one-third to the state’s general fund; and

 two-thirds to the general revenue fund of the governmental unit.

If the State Patrol (under contract to a local unit of government) issues the

citation, the proceeds are allocated:

 two-thirds to the state’s general fund; and

 one-third to the general revenue fund of the governmental unit.

Minn. Stat. § 169.999, subd. 5.

For more information about motor vehicle regulations, visit the transportation area of our

website, http://www.house.mn/hrd/hrd.htm.

The distribution in state statute allocates $50 to the general fund and the remaining $25 based on percentages

(at 60 percent, or $15, to general fund; 39 percent to the peace officers training account; and 1 percent to the game

and fish fund). Minn. Stat. § 357.021, subd. 7.