Understanding Duty to Drive With Due Care in Minnesota

In Minnesota, the “Duty to Drive With Due Care” law, outlined in Minnesota Statute 169.14, Subdivision 1, expects drivers to operate vehicles responsibly, especially under challenging conditions. This law serves as a guideline for safe driving and is often referenced in cases involving risky driving behaviors. Here’s a breakdown of the statute, potential charges, and ways to fight them.

What Is Duty to Drive With Due Care?

The Duty to Drive With Due Care statute requires drivers to ensure their actions on the road do not endanger others. This includes:

• Driving at speeds appropriate for road conditions (like during snow or rain).
• Staying aware of hazards on the road.
• Adjusting speed to avoid accidents.
• Generally exercising caution while driving.

If a driver is found violating this duty, Minnesota Statute 169.89 states that it could be considered a misdemeanor, especially if the actions endangered a person or property. A misdemeanor conviction can carry a sentence of up to 90 days in jail, a fine of up to $1,000, or both.

Common Situations Leading to a Charge

In most cases, Duty to Drive With Due Care charges arise after an accident. Prosecutors often use the occurrence of an accident as evidence of dangerous driving. Without an accident, proving that a driver’s actions endangered others becomes more challenging, though it’s still possible in specific scenarios.

Do You Need to Be Speeding to Be Charged?

A common misconception is that speeding is necessary for a Duty to Drive With Due Care charge. However, Minnesota courts have clarified that the law covers any speed that isn’t “reasonable under the circumstances.” For instance, during heavy snowfall, driving at the speed limit may still be considered unsafe due to road conditions.

Fighting a Duty to Drive With Due Care Charge

Several defenses can effectively challenge a Duty to Drive With Due Care charge. Below are some common approaches:

1. Weather Conditions
   Minnesota’s unpredictable weather often plays a crucial role in these cases. If an accident occurred during harsh weather, such as a snowstorm, it can be argued that the weather—not the driver’s behavior—caused the incident. Prosecutors may be less inclined to pursue charges in cases where poor weather was a significant factor.
2. Insurance and Diversionary Actions
   Even with strong evidence, prosecutors may be open to diversionary actions, especially if the victim’s insurance claim has been resolved. For instance, if your insurance has covered the other party’s claims, this can sometimes lead to a case resolution without a formal admission of guilt.
3. Misdemeanor Discretion
   Misdemeanor charges for Duty to Drive With Due Care are often discretionary. In similar situations, one officer might issue a citation, while another may not. An experienced attorney can highlight these inconsistencies to argue for a fair outcome, potentially keeping the charge off your criminal and driving records.

The Importance of Legal Representation

If you’re facing a Duty to Drive With Due Care charge as a misdemeanor, having an experienced attorney can make a big difference. These cases aren’t always straightforward, and a skilled lawyer can build a defense that considers all relevant factors, from weather conditions to completed insurance claims, helping you achieve the best possible outcome.