Negotiating a Continuance for Dismissal (CFD) for Moving Violations in Minnesota

What is a Continuance for Dismissal (CFD)?

Getting a traffic ticket in Minnesota for running a red light, careless driving, or excessive speeding can lead to severe insurance consequences. However, the legal system offers a fantastic plea bargain option known as a Continuance for Dismissal (CFD). Authorized under Minn. Stat. § 609.132, a CFD is a formal agreement between you and the city or county prosecutor. In simple terms, the prosecutor agrees to pause (continue) the prosecution of your ticket for a set period. If you stay out of trouble during that time, the ticket is completely dismissed.

This means you never actually plead guilty to the moving violation, and it never gets reported to the state. Whether you are dealing with a citation at the Dakota County District Court, Hastings or the Ramsey County District Court, St. Paul, securing a CFD is often the best way to protect your clean driving record and keep your auto insurance rates low.

Navigating the CFD Process

A CFD is not a right; it is a privilege that must be negotiated. You or your defense attorney must convince the prosecutor that you deserve a second chance rather than a permanent conviction.

Eligibility Criteria for a CFD

Prosecutors look closely at your past driving history before offering this deal. If you have a clean record for the past three to five years, you are a prime candidate. However, if you already have three speeding tickets or a recent DUI, the prosecutor will almost certainly reject your request. Additionally, severe offenses like reckless driving or fleeing a police officer rarely qualify for a CFD. When finalizing the agreement, you or your lawyer will execute a formal written agreement to suspend prosecution under Minn. R. Crim. P. 27.05 to present the negotiated terms to the judge without entering a guilty plea.

The Probation Period Explained

If the prosecutor agrees to the CFD, you will be placed on informal probation. This period typically lasts for exactly one year, though minor offenses might only carry a 6-month probation. During this time, your only requirement is to not get another traffic ticket. You do not have to meet with a probation officer or do community service. You simply have to drive safely. Courts consistently uphold the strict terms of these agreements, similar to the probationary principles seen in State v. C.P.H., 707 N.W.2d 699 (MN Court of Appeals 2006).

Court Costs and Prosecution Fees

A CFD is not free. While you avoid paying the standard ticket 'fine', the prosecutor will charge you 'prosecution costs' for the privilege of keeping the ticket off your record. Ironically, this fee is often higher than the original ticket. If your original speeding ticket was $140, the CFD prosecution cost might be $200. However, paying this slightly higher upfront cost saves you hundreds or thousands of dollars in future insurance premium hikes.

What Happens if You Get a Second Ticket?

The probation period is strict. If you get pulled over and convicted of a new moving violation anywhere in Minnesota during your 6-to-12-month CFD period, the original deal is instantly canceled. The prosecution will resume on the original charge, resulting in a conviction on your permanent driving record alongside the new citation. This is why driving incredibly carefully during a CFD is critical.

How Much Does a CFD Cost?

The costs for a Continuance for Dismissal vary by county and the severity of the original charge. Here is what you should expect to pay:

Because prosecutors in cities like St. Cloud and Minneapolis are often too busy to speak with unrepresented drivers, we recommend finding an affordable local attorney through our directory to handle the negotiation for you.

How Long Does the Process Take?

Negotiating a CFD usually takes one or two court appearances over the course of 3 to 6 weeks. Once the judge signs the agreement, your probationary period begins immediately and lasts for the agreed-upon 6 to 12 months.

Frequently Asked Questions (FAQ)