Legal Question in Traffic Law in Minnesota

Driving Instructor

I took my driver's license test for the second time today. The first time was miserable and I deserved to fail. But this time I believe I failed because of the instructor. He told me I got marked off for

1. Not stopping completely whenever I made a turn. Something which I am fully aware and have looked at many sources which said that I didn't have to do.

2. Too far from the curb while parallel parking. I was still in the process of doing it when he just said. ''Good enough, pull out.'' I was going to straighten out the car and get closer to the well.

I got marked off for a couple other things which I am aware I did wrong. However the worst part of the test was when the instructor called me a dummy. I was going to turn right, a guy coming from the left went through a stop sign when I was about to turn. The instructor guy started screaming at me: ''Horn! Horn! Horn!'' and after that he said: ''You dummy, you should've really laid into him there.''

After the test, my mother went and spoke to him, where he faked an apology and pretty much denied everything. All I want to know is if there is anyway if I can get that guy in trouble, and if I can get my license without a full retest.

Thanks


Asked on 8/31/01, 5:47 pm

1 Answer from Attorneys
Derek Patrin Meaney & Patrin, P.A.

Re: Driving Instructor

Well, it sounds like you got a lousy instructor who was probably having a lousy day, or a lousy life. Unfortunately, there isn't much you can do besides retesting. You can certainly give a complaint to the instructor's supervisor, but I doubt the superviosr will do anything to him, unless this instructor already has had complaints made against him. As far as his reasons for failing you, the instructor has a lot of leeway and flexibility when judging a driver. When I barely passed my test years ago, the instructor marked me off for not turning my head enough from side to side at intersections, which I thought was totally bogus. I know it's a pain, but retaking the test (and making sure you don't get the same instructor next time) is about the only thing you can do.

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Answered on 10/01/01, 10:09 am


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