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Failure to Use Due Care Traffic Citations in Minnesota

All motorists who drive upon highways within Minnesota are responsible for driving with "due care," or driving in a manner that is reasonable and prudent under the road conditions they face. If they do not, they can face a variety of penalties depending on the infraction.
  1. Due Care in Speeding

    • In situations where a Minnesota law enforcement officer determines that a motorist has driven faster than what is reasonable and prudent given road conditions, despite any posted speed limits, they can write a ticket for $145, or $67 if it is added to other traffic violations. The citation is classified as a petty misdemeanor and is placed on the motorist's driving record.

    Due Care With Pedestrian and Cyclist Pedestrians

    • Drivers who fail to take due care in avoiding a collision with a cyclist or pedestrian can be charged with a misdemeanor and a fine of $128, or $50 if it is added to other traffic violations. As in speeding due care cases, these citations are placed on the motorist's driving record.

    Responsibility in Due Care Cases

    • Although in certain municipalities within Minnesota, the due care law also applies to cyclists and pedestrians, there has been judicial precedent towrds putting the responsibility toward motorists to act with due care, even when non-motorists may be at fault.

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