Home / Advice / School Zone Speed Camera — No Authorizing Statute Defense
school zone defenseUnited States · Minneapolis, MNDifficulty: Easy

School Zone Speed Camera — No Authorizing Statute Defense

Minnesota does NOT currently authorize automated speed enforcement (speed cameras) statewide. Although Minneapolis attempted to pilot school zone cameras and the legislature considered authorization in 2023-2024, no statewide statute presently permits civil-penalty automated speed enforcement. Any 'school zone speed camera ticket' issued in Minnesota lacks statutory authority and is unenforceable. Drivers can challenge on the ground that civil automated enforcement violates Minn. Stat. §169.011 (defining a 'driver' for traffic violations as a person operating a vehicle, requiring identification of the driver) and the holding in State v. Kuhlman (2007) which struck down Minneapolis's earlier red-light camera program for conflict with the Uniform Traffic Code requirement that the driver — not owner — be cited.

Legal basis

State v. Kuhlman, 729 N.W.2d 577 (Minn. 2007); Minn. Stat. §§169.011, 169.14; absence of statewide automated enforcement authorization

Sample appeal wording

[DATE] Re: Citation #[NUMBER] — Automated Speed/Camera Enforcement I dispute this citation. Minnesota does not authorize automated civil speed enforcement statewide. The Minnesota Supreme Court in State v. Kuhlman, 729 N.W.2d 577 (Minn. 2007), struck down Minneapolis's automated red-light enforcement program for conflict with the Minnesota Uniform Traffic Code (Minn. Stat. Ch. 169), which requires speed/moving violations to be charged against the driver, not the registered owner. The issuing authority must produce: (1) the specific Minnesota statute or session law authorizing this program; (2) evidence the cited individual was actually driving (not merely the registered owner); (3) compliance with §169.14 speed-determination rules. In the absence of statutory authorization, the citation is void. I request dismissal. [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • State v. Kuhlman, 729 N.W.2d 577 (Minn. 2007)
  • Minn. Stat. §169.011 (definitions)
  • Minneapolis Public Works school zone safety reports

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