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WS 07-28-2009
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WS 07-28-2009
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Administrative Traffic Citations Tool Kit 14 <br />Sec. 6. 1169 9991 ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC <br />OFFENSES. <br />Subdivision 1. Authority. (a) Except for peace officers employed by the state <br />patrol prior to a peace officer issuing an administrative citation under this section, the <br />governing body for the local unit of government that employs the peace officer must <br />pass a resolution that: <br />l authorizes issuance of administrative citations; <br />(2) oblates the local unit of government to provide a neutral third party to hear and <br />rule on challenges to administrative citations, and <br />3 bars Deace officers from issuin administrative citations in violation of this <br />section. <br />(b) A peace officer may issue an administrative citation to a vehicle operator who: <br />(1) violates section 169 14, and the violation consists of a speed under ten miles per <br />hour in excess of the lawful speed limit; <br />(2) fails to obey a stop line in violation of section 169.30• or <br />(3) operates a vehicle that is in violation of sections 169.46 to 169.6$ and 1.69.69 <br />to 1.69.75. <br />(c) The authority to issue an administrative citation is exclusively limited to those <br />offenses listed in this subdivision. <br />(d) A peace officer who issues an administrative citation for the infraction of <br />speedingunder ten miles per hour over the speed limit must use the actual speed a <br />violator's vehicle was traveling at the time of the infraction and may not reduce the <br />recorded speed for purposes of qualifying the offense for an administrative citation. An <br />administrative citation issued for speeding must list the actual speed the vehicle was <br />0 <br />traveling at the time of the infraction. <br />(e) A local unit of government shall notify the commissioner of public safety after it <br />passes a resolution described inparagra h a . <br />Subd. 2. Officer's authority_- The authorit to o issue an administrative citation <br />is reserved exclusively to licensed peace officers. An officer may not be required by <br />ordinance or otherwise to issue a citation under this section instead of a criminal citation. <br />Subd. 3. Uniform citation. There must be a uniform administrative citation issued <br />throughout the state by licensed peace officers for violations of this section. No other <br />citation is authorized for violations of this section. The commissioner of public safe <br />shall prescribe the detailed form of the uniform administrative citation and shall revise the <br />uniform administrative citation on such subsequent occasions as necessary and proper. <br />The uniform administrative citation must include notification that the person has the <br />right to contest the citation. <br />Subd. 4. Right to contest citation. (a) A peace officer who issues an administrative <br />citation must inform the vehicle operator that the person has the right to contest the citation. <br />(b) Except as provided in paragraph (c) the local unit of ; overnment that employs <br />the peace officer who issues an administrative citation must provide a_ciyil process for a <br />person to contest the administrative citation. The person must be allowed to challenge the <br />citation before a neutral third party. A local unit of government may employ a person to <br />hear and rule on challenges to administrative citations or contract with another local unit <br />of government or a private entity to provide the service. <br />(c) The state patrol may contract with local units of government or private entities <br />to collect administrative fines and to provide a neutral third party to hear and rule on <br />challemzes to administrative citations. An administrative citation issued by a state patrol <br />trooper must clearly state how and where a violator can challenge the citation. <br />Subd. 5. Fines; disbursement. (a) A person who commits an administrative; <br />Administrative Traffic Citations Tool Kit 14 <br />
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