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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29817
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I got a speeding ticket for 69 in a 60. I went to court, spoke

Customer Question

I got a speeding ticket for 69 in a 60. I went to court, spoke to a prosecutor, discussed my situation on that day. I was passing another car in a 60 mph zone. He then told me the law was you may not exceed the speed limit even while passing. he then basically told me my only options were to sign his agreement to pay 135 under 6 months no same/similar and keep it off my record or go to court and lose (is what is basically inferred). so I signed not knowing how else to proceed. the very next day I found a driver's manual stating a law passed in 2009 stating that on a 2 lane highway (which is what I was on) in a 55mph zone or higher the limit is increased by 10 when passing going the same direction. I was furious. since I signed that plea, am I screwed? what can I do? I haven't paid any of the fine yet and am planning to visit the courthouse tomorrow. please advise. thank you
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. You can file a Motion to Withdraw your guilty plea on the grounds that withdrawal is "necessary to correct a manifest injustice." The way that you show that is to show that the plea was not entered knowingly and voluntarily. You can also allege prosecutorial misconduct, because the DA misinformed you as to the law. This case should be helpful.

I found a copy of the Motion for Hennepin County, however, you should be able to alter for other counties. According to the court's website, the fine needs to be paid before you can withdraw the plea. You also have to serve it on the DA's office.
Customer: replied 7 years ago.
Thanks, XXXXX XXXXX helpful so far. The county I was in is "Anoka" county. I don't know if you can find anything for that or not or if that helps any. I am not very good with knowing exactly where to go or do in the court house so as much as you could help me out would be appreciated. should I start at the probation office? that is where I was last time right before I left. I have to pay the fine before withdrawing my plea? how would that work? would they give me a refund, would I have to go back to court to plead not guilty? I am kind of confused, sorry. is that prosecutorial misconduct against the DA a seperate thing? or part of my withdrawal motion? is the DAs office is the court house typically? sorry for the questions, I just want to make sure I am prepared for tomorrow when I go in.
Expert:  Lucy, Esq. replied 7 years ago.
There's no need to visit the courthouse until you prepare the motion. The probation office wouldn't be able to help you withdraw the plea. The motion is filed at the Criminal Clerk's office, once you've followed the instructions on the form for serving it on the DA.

The procedure should be the same in Anoka County - just change the location information on the form to match the courthouse you were in.

You can find information on the DA's Office here.