Minnesota Statutes

Minn. Stat. § 169.89 (2026)

Penalties

✓ current as of May 2026

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Subdivision 1.Violation; when petty misdemeanor enhanced to misdemeanor.

Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter; except that:

(1) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property; or

(2) exclusive of violations relating to the standing or parking of an unattended vehicle, a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12-month period;

is a misdemeanor to which the provisions of subdivision 2 shall not apply.

Subd. 2.Petty misdemeanor penalty; no jury trial.

A person charged with a petty misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If convicted, the person is not subject to imprisonment but shall be punished by a fine of not more than $300.

Subd. 3.

[Obsolete]

Subd. 4.Driver's record.

When a person is arrested for a violation of any provision of this chapter, or a violation of any provision of a city ordinance regulating traffic, the court before whom the matter is heard shall determine the driver's record of the person from the commissioner of public safety before pronouncing sentence and the expense incident to the procurement of this information is taxable as costs upon the conviction.

Subd. 5.Driver improvement clinic; attendance.

In conjunction with or in lieu of other penalties provided by law for violation of this chapter or a municipal ordinance enacted in conformance thereto, 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. The commissioner of public safety may, upon the motion of the commissioner of public safety or upon recommendation of the court, suspend, for a period of not to exceed 30 days, the operator's license, provisional license, permit, or nonresident operating privilege of any person who fails or refuses to comply with an order to attend an approved driver improvement clinic or youth-oriented driver improvement clinic. The requirement of attendance at an approved driver improvement clinic or youth-oriented driver improvement clinic is not a fine, imprisonment, or sentence within the meaning of section 609.02. The court may not order a convicted person to attend any driver improvement clinic or youth-oriented driver improvement clinic which is located more than 35 miles from the person's residence. For the purposes of this section "an approved driver improvement clinic or youth-oriented driver improvement clinic" means a clinic whose curriculum and mode of instruction conform to standards promulgated by the commissioner of public safety.

Notes of Decisions

Cited in 26 cases, 1972–2016 · leading case: State v. Johnson, 514 N.W.2d 551 (Minn. 1994).

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State v. Johnson, 514 N.W.2d 551 (Minn. 1994). · cites it 12× “1 Because this was appellant’s third moving violation in a year, he was charged with a misdemeanor pursuant to Minn.Stat. § 169.89, subd. I. 2 Appellant appeared in court, pleaded not guilty, and requested a jury trial.”

Piotrowski v. Comm'r of Pub. Saf., 453 N.W.2d 689 (Minn. 1990). · cites it 4× “[1] Minn.Stat. § 169.89, subd. 1, provides that a semaphore violation is a petty misdemeanor.”

LeCLAIRE v. Hoaglund, 208 N.W.2d 90 (Minn. 1973). · cites it 10× “Section 169.89, subd. 1, provides in part: "Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter * * *.”

State v. Batzer, 448 N.W.2d 565 (Minn. Ct. App. 1989). · cites it 6× “Minn. Stat. § 169.89 , subd. 1(b). Appellant, however, had three moving violations within a 12-month period and was charged instead .”

State v. Friedrich, 436 N.W.2d 475 (Minn. Ct. App. 1989). · cites it 4× “This court has held that guilty pleas to petty misdemeanor moving violations not *478 punishable by incarceration may be used for enhancement purposes pursuant to Minn.Stat. § 169.89, subd. 1. See State v.”

State v. Host, 350 N.W.2d 479 (Minn. Ct. App. 1984). · cites it 10× “Minn.Stat. § 169.89 (1982) in turn provides: Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter; except that: * * * (b) exclusive of…”

In Re the Welfare of J.H.C., 384 N.W.2d 599 (Minn. Ct. App. 1986). · cites it 5× “1 See Minn. Stat. § 169.89 , subd. 1 (1984). The offense is not a crime.”

State v. Fiebke, 554 N.W.2d 755 (Minn. Ct. App. 1996). · cites it 2× “” Minn.Stat. § 169.89, subd. 1 (1994) (emphasis added).”

State v. Carver, 577 N.W.2d 245 (Minn. Ct. App. 1998). · cites it 2× “” Minn. Stat. § 169.89 , subd. 1 (1996). Appellant conceded at oral argument that respondent’s conduct qualified only as petty misdemeanor speeding.”

State v. Jones, 649 N.W.2d 481 (Minn. Ct. App. 2002). · cites it 2× “However, traffic regulations in Minnesota are petty misdemeanors unless otherwise specified Minn.Stat. § 169.89, subd. 1 (2000). Petty misdemeanors are not considered crimes.”

United States v. David Foote, 705 F.3d 305 (8th Cir. 2013). “Minn.Stat. § 169.89, subd. 1 (traffic infractions); § 152.”

Zimmerman v. Lasky, 374 N.W.2d 212 (Minn. Ct. App. 1985). · cites it 2× “” Minn.Stat. § 169.89, subd. 2. 4. Appellant claims respondent clerk’s attempts to collect the fine imposed by the county court were unlawful.”

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