New York Criminal Defense Lawyer Blog

It is being reported that Minnesota Viking running back Adrian Peterson was issued a speeding ticket last Saturday for allegedly traveling 109 MPH in a 55 MPH zone on Highway 62 in Minnesota. In Minnesota, a speeding offense is ordinarily a petty misdemeanor.

A person charged with a petty misdemeanor in Minnesota is not entitled to a jury trial but shall be tried by a judge without a jury. Minn. Stat. § 169.89 subd. 2 If convicted, the person is not subject to imprisonment but shall be punished by a fine of not more than $300 plus a surcharge of $75.00. In addition to or instead of other penalties provided for by law, the trial court may in its judgment of conviction order the convicted person to attend and satisfactorily complete a course of study at an approved driver improvement clinic or youth-oriented driver improvement clinic. Minn. Stat. § 169.89 subd. 5)

A person in Minnesota who violates an established speed limit by driving 20 miles per hour or more in excess of the applicable speed limit, is assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, but not less than $25. Moreover, the driver's license of a person who violates any speed limit in Minnesota by driving in excess of 100 miles per hour, is revoked for six months under Minn. Stat. § 171.17, or for a longer minimum period of time applicable under Minn. Stat. §§ 169A.53, 169A.54, or 171.174. Minn. Stat. §169.14

If a speeding violation endangers persons or property in Minnesota, it can be charged as a misdemeanor with maximum penalties of a $1,000 fine and 90 days’ imprisonment. Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving in Minnesota. Minn. Stat. §169.13 subd.1 Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle, is guilty of careless driving in Minnesota. Minn.Stat. §169.13(1) Reckless and careless driving are a misdemeanor in Minnesota. Minn.Stat. §169.13 subd.1.

A person who is convicted of traveling 109 MPH in 55 MPH zone in New York in violation of VTL §1180-B would be facing a fine of between $180.00 and $600.00, up to 30 days in jail, 11 points on their New York State driver’s abstract and up to an $85.00 surcharge. The New York State Department of Motor would charge them a driver responsibility assessment of $225 per year for three years and suspended their driving privileges for at least 31 days for having accumulated 11 or more points in 18 months. [see: 15 NYCRR 131.4(c)(1)] A single speeding conviction can also increase a person’s automobile insurance premiums by as much as 25 to 27 percent by eliminating any discount they receive for having a clean record and by increasing the base amount by 2% according to Car Insurance. Com. The person could also possibly be charged with reckless driving in violation of VTL §1212 which is a misdemeanor punishable by a fine of between $100 and $300, up to 30 days in jail, 5 points on a New York Driver’s abstract and a surcharge up to $85.00.

Peterson has only been accused of speeding on the highway and should be presumed innocent unless or until proven guilty in a court of law. However, there is no reasonable doubt that Ardian Peterson is guilty of excessive speed on the football field and is one of the greatest running backs in the history of the NFL.