Legal Question in Traffic Law in Minnesota

Re: Failure to stop at a Pedestrian Walkway

Reasonable suspicion for the stop is weak. However, the law does require a driver stopped at a red light to stop before the crosswalk whether or not there are pedestrians in the cross walks. This is codifed in Minnesota Statutes 169.06 which states in pertinent part, as follows:

"(3) Steady red indication:

(i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked stop line

but, if none, before entering the crosswalk on the near side of the intersection or, if none, then

before entering the intersection and shall remain standing until a green indication is shown,

except as follows:

(A) the driver of a vehicle stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection

in obedience to a red or stop signal, and with the intention of making a right turn may make the

right turn, after stopping, unless an official sign has been erected prohibiting such movement, but shall yield the right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal at that intersection; or

(B) the driver of a vehicle on a one-way street intersecting another one-way street on which traffic moves to the left shall stop in obedience to a red or stop signal and may then make a left turn into the one-way street, unless an official sign has been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal at that intersection."

Nnetheless, there are some Judges who would find that such a basis for stop to be a matter of pretense. Moreover, without additional indicia, such a violation would not alone provide necessary reasonable suspicion for the officer to seek field sobriety tests.

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