Littering Ticket for rock chipping windshield

[fishing 101]

Just need to vent a little.

So yesterday I was speeding with the boat behind and met a county deputy. He turned his lights on 100-200 yards ahead of me, I hit my brakes and start to pull off to the side of the road. In doing so as he drives past me, I must have kicked up a rock and it cracked his windshield. He was upset with me and asked if I knew I broke his windshield with a rock. I apologized and said no I didn't know that (how could I?) He took my insurance card back with him, he gave me a ticket for speed (which I deserved and do not dispute). He then gives me a littering fine for "dropping object on vehicle" and says he will be contacting my insurance company to pay for his windshield. What the heck?

I called the sheriff today to question if it was legit or not, and he asked for details and said he would talk to deputy and if that is what happened, he'll drop the littering fine. The deputy called me back and said he is dropping the littering fine, but still thinks the way he interprets the law - he is correct, and if it was his personal vehicle he would be going after me to replace the windshield. Really? just say you are dropping the fine, why be arrogant twice! As yesterday he was extremely arrogant.

So anyway, apparently you can get a littering fine for your tire kicking up a rock. I'd sure hate to get caught throwing something out the window, wonder what that fine would be.

[DTro]

Let's see that one stand up in court. LOL

[Mr.Seaguar]

I can see how that would make a person want to vent a little

[amateurfishing]

I would have told him to shove it. Whats he gonna do if the wind blows it around? You can also advise said law enforcement officer that its one of the great benefits of quality auto insurance in MN, most insurance companies dont want u driving around with a cracked winshield cause its a driving hazard so they replace for free. Its fairly common in our state especially winter with all the salt and gravel and sand road crews use. We have had 3 replaced no charge.

[nofishfisherman]

I would have said "Well I guess I'll see you in court". Make him testify in front of a judge that he gave you a ticket for your tire kicking up a rock.

It would be fun to see how that goes over in court.

Sounds more like he was trying to use his power to pay for his windshield. If any of us have a rock fly up and crack our windshield we have no recourse to go after the person whose kicked it up. We suck it up and pay for it or let our insurance cover it.

[CaptainMusky]

And this is a prime example where Law Enforcement persons over step their authority. Let me guess "little man syndrome".

[leechlake]

next year add on that you forgot to take the AIS trailering class and you'll really be in a pickle.

[pegleg]

What county was that in? I think I will want to avoid that county.

[Wanderer]

Right up until you described him being a jerk the second time, I could almost see his point.

Only because we were advised once from an Officer, that if you're directly responsible for causing a hazard on the roadway and something more happens, you can legally be held responsible.

Example:

Travelling one winter night (not speeding), we hit an icy area and spun the vehicle and snowmobile trailer down into the ditch. When we were getting pulled out by the tow truck with that particular Officer watching over the situation (flares out and lights on), someone lost control and hit one of the waiting cars on the highway.

We were told flat out we could be issued a citation for not driving under control and be held responsible for the accident. The posted speed limit didn't matter - the conditions did.

Instead he was more concerned about getting the guy who crashed into the other car for DUI.

This situation:

If you weren't speeding and getting pulled over, the rock and the windshield would never have met.

I agree with the others though, there were two chips involved here. Hopefully the one on his shoulder will eventually go away.

[BartmanMN]

Sounds like an A hole to me. Worth venting.

[harvey lee]

That guy was a power freak to say the least, as DTRo stated, let's see that stand up in court.

What an absolute joke. That's type of stuff is what gives police a bad image.

[leech~~]

Just need to vent a little.

So yesterday I was speeding with the boat behind and met a county deputy. He turned his lights on 100-200 yards ahead of me, I hit my brakes and start to pull off to the side of the road. In doing so as he drives past me, I must have kicked up a rock and it cracked his windshield. He was upset with me and asked if I knew I broke his windshield with a rock. I apologized and said no I didn't know that (how could I?) He took my insurance card back with him, he gave me a ticket for speed (which I deserved and do not dispute). He then gives me a littering fine for "dropping object on vehicle" and says he will be contacting my insurance company to pay for his windshield. What the heck?

I called the sheriff today to question if it was legit or not, and he asked for details and said he would talk to deputy and if that is what happened, he'll drop the littering fine. The deputy called me back and said he is dropping the littering fine, but still thinks the way he interprets the law - he is correct, and if it was his personal vehicle he would be going after me to replace the windshield. Really? just say you are dropping the fine, why be arrogant twice! As yesterday he was extremely arrogant.

So anyway, apparently you can get a littering fine for your tire kicking up a rock. I'd sure hate to get caught throwing something out the window, wonder what that fine would be.

Hey, he was just doing a good job and keeping the tax payers from flipping the replacement bill and keeping the heat from his boss away from him! Looks like he found someone to pin it on! Don't forget to ask him to bring his "dash cam" video to court to see if it was you!

[Hester]

They is one of the craziest things I have ever heard.

[highlife4me]

I agree a littering ticket was a bit much especially since the patrolman isn't going to pay for the new windshield, the tax payers are. But if it was the other way around and the patrol car kicked up a rock and broke your window, and you didn't have glass coverage, would you expect the state to pay for it?

Reason I ask is because years ago I met a county truck with a big load of gravel and as he went by me a rock broke my window. At the time I was driving a beater truck and did not have glass coverage but needed a new window none the less. I called the county to compain with all the information I could give them including the name of the driver that day and the county basically told me to pound sand. I never did replace that windshield.

[fishersofmen]

And this is a prime example where Law Enforcement persons over step their authority. Let me guess "little man syndrome".

I'm with you sounds like a bad case of LMS. Let me guess he stood about 5'6 and 150lbs?

[jentz]

I had a well drilling rig in front of me about 5-6 years back.A 2 inch pipe union dropped off that truck bounced and I saw it comming!It hit the winshield on the passenger side,It left a perfect circle chip/cut no spidering.I followed the truck and then contacted the company.Needless to say they reminded me of nofault Ins and they wouldn't pay.I called my insurer and they said take it in your covered.The chip is still there!I never brought it in.Guess I oughta get it in someday! Now my truck has a small chip that spidered out That I have got a fixit ticket for after being stopped by a county sheriff who was in a foul mood!

[Tom7227]

Minnesota Statutes

169.42 LITTERING; DROPPING OBJECT ON VEHICLE; MISDEMEANOR.

Subdivision 1.Objects on highway.

No person shall throw, deposit, place, or dump, or cause to be thrown, deposited, placed, or dumped upon any street or highway or upon any public or privately owned land adjacent thereto without the owner's consent any snow, ice, glass bottle, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, cigarette filters, debris from fireworks, refuse, carcass of any dead animal, offal, trash or rubbish or any other form of offensive matter, or any other substance likely to injure any person, animal, or vehicle upon any such street or highway.

Subd. 2.

MS 1969 [Repealed, Ex1971 c 27 s 49]

Subd. 2.Dropping dangerous object on highway.

Any person who drops, or permits to be dropped or thrown, upon any highway any of the material specified in subdivision 1, shall immediately remove the same or cause it to be removed.

Subd. 3.Removing object; responsibility.

Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

Subd. 4.Dropping object on vehicle.

No person shall drop or hurl any destructive or injurious material or object at or upon any motor vehicle upon any highway or the occupants thereof.

169.421 CIVIL LIABILITY FOR LITTERING.

Subdivision 1.Finding.

The legislature finds that the cost of removal and disposal of solid waste, including litter, from vehicles is an onerous burden upon the public, and that the criminal law is not always adequate in dealing with the problem. This requires the imposition of civil liability as provided in this section.

Subd. 2.Definition.

For purposes of this section, "owner" as to a vehicle means the owner of the vehicle, but in the case of a leased vehicle means the lessee.

Subd. 3.Civil liability imposed.

If any solid waste, including litter, glass, nails, tacks, wire, cans, bottles, garbage, papers, refuse, trash, cigarette filters, debris from fireworks, or any form of offensive matter is thrown, deposited, placed, or dumped from a vehicle upon any street or highway, public land, or upon private land without the consent of the owner of the land, a violation of this subdivision occurs and civil liability is imposed upon the owner of the vehicle. The driver and passengers riding in a vehicle are constituted as the agents of the owner of the vehicle for purposes of this subdivision. It is a defense to any action brought pursuant to this section that the vehicle was stolen. This section is not applicable to the owner of a vehicle transporting persons for hire or transporting school children.

[CaptainMusky]

You are ASSuming the debris "dropped" from his vehicle. Since he was pulling a boat I'm sure it was kicked up from the shoulder when he expeditiously pulled over yielding to law enforcement. I guess he shouldn't have pulled over.

[20lbSloughShark]

Are people honestly trying to justify a ticket for a rock that was kicked up? You have got to be kidding me. Now you have to take time off work, or pay the ticket. And people wonder why I don't trust police. No matter what you do, you break laws every day without knowing it.

[fishing 101]

Yes I read those statutes. All of them in my opinion you are making a conscious effort to do so. You have no control on kicking up a rock on the road. The sheriff said if it was something coming off my vehicle or trailered load, I could get the ticket. There is no way they can prove me negligent in court, but I'm glad I don't have to go fight it.

[DTro]

I don’t care what any statute says, or how anyone interprets said statute. Bottom line is that you just don’t issue a ticket for inadvertently throwing up a rock by pulling over exactly how you are supposed to (and even in this case going above and beyond by pulling over sooner). I don’t care what anyone says, its Bush League and a D-Bag move. An insurance claim and a moving violation are 2 different things. If I kicked up a rock and caused damage, fine get some $ from my insurance or I’ll pay for it myself, but keep the whole ticket business out of the deal. What a jack wagon

[fishing 101]

Couldn't agree more Dtro

[SpitnArgueDuckClub*]

There are just some people with the wrong personality to be cops and this cop sounds like one of them. Reminds me of the Cartman episode "Respect My Authoritie!!!!!"

[NEANGLER]

So would this apply to the thousands of semis who blow tires and leave at the shrapnel on the road that have blown my tires, destroyed my bumper, cracked a windshield, etc? What a joke and abuse of power.

[river rat316]

yes it does, if you blow a tire and leave a gator skin laying in the road you can be ticketed for it, I would argue it in court about being a safety issue trying to retrieve it, but would probably lose