Minnesota Driving Offenses

Estimated reading time: 9 minutes

Most police contacts happen in cars and motor vehicles. So most criminal law problems begin with traffic stops. A driving charge can include criminal DUI claims, speeding and other vehicle violations, Driving After Revocation and drivers license issues, even equipment violations and felony charges like CVO. But a driving attorney can help prevent and solve these driving offense problems.

Why is a driving charge important?

One reason is that they are the only police contacts most people will ever have. But, traffic stops can lead to searches and serious criminal charges – not always vehicle-related. And a driving attorney can get a judge to suppress illegal evidence where the traffic stop was unlawful; or when police unlawfully prolong the traffic stop.

What’s at stake? For vehicle-related felony charges prison is either a possibility or a presumptive sentence under the “Minnesota Sentencing Guidelines.” But most vehicle-related charges are not felonies. A vehicle-related felony is generally a DUI claim plus priors or serious injury accidents. So, Criminal Vehicular Homicide, Criminal Vehicular Operation, and Felony DUI are examples.

Most cases with claims of impairment are not felony level. But most DUI cases can result in jail, loss of drivers license, license record and insurance impacts.

Speeding and other driving violation cases can be charged as misdemeanor or other offense levels, but this is rare. Police charge most speeding tickets and traffic violations as a petty misdemeanor.

Keeping your record clean of a driving charge

Step one – avoid conviction: A prosecutor cannot convict you of a crime without either a trial or a guilty plea. But since a petty misdemeanor is “not a crime,” they can convict you without a trial or formal plea (e.g., by paying a fine, or failure to appear).

Step two – avoid certification: And if a driving violation, the court “certifies” the conviction to the Department of Public Safety.

Step three – avoid long-term consequences: Then Minnesota DPS will put the conviction on your driver’s license record. And this, in turn can trigger impacts upon driver’s license suspension, insurance and future police contacts.

Prevention is the best solution. And the best way to prevent driver’s license consequences is to retain the best attorney you can.

Criminal Vehicular Operation

The most serious driving charge is a felony Criminal Vehicular Homicide. And a felony Criminal Vehicular Operation charge is similar, but without a death. What are the basic ingredients of these charges? Most are essentially:

• DUI plus serious injury,
• Gross negligence plus serious injury, or
• Hit & run plus serious injury.

A good driving attorney is vital in one of these cases. See offense specific page:

Criminal Vehicular Operation and Criminal Vehicular Homicide

Hit and Run | Leaving Scene of Accident

Whether you call it “hit and run,” or “leaving the scene of an accident,” it’s a serious driving offense. These cases range from deaths to property damage only, parking lot bumps. They can be serious felonies down to a misdemeanor crime. But a driver without a good defense attorney is at risk, no matter the scenario.

The state required accident report can be a trap. And a statement to police can put innocent people at risk. You’ll need an experienced to defense attorney to protect you. See this guide to hit and run, and leaving the scene cases in Minnesota:

Hit and Run; Leaving the Scene of an Accident

Fleeing Police in Motor Vehicle

Minnesota Statutes include two types of “Fleeing Police” crimes – in a Motor Vehicle (felony) and Other than a Motor Vehicle (misdemeanor). The facts in many of these cases are ambiguous at best. For my guide to Fleeing Police charges, see:

Fleeing Police vs. Criminal Intent

Driving Under the Influence

The most common serious driving offense is Driving under the Influence or DUI. In Minnesota, you can call it Driving While Impaired or DWI. It makes no difference. Today, even with no “impairment,” you can still receive severe punishment if tested at 0.08 alcohol level or above.

Consequences include administrative revocation of your driver’s license, as well as a criminal DUI charge. And the criminal charge can be a misdemeanor, gross, or felony. So these are serious cases. You’ll need the best driving attorney to help you avoid severe consequences. Find out more:

Driving Under the Influence (DUI) charges in Minnesota

Countermeasures at a DWI Stop: the Party Question

Reckless Driving Charge

Is there a difference between “reckless” and “careless?” A small one. The good news is, though a driving offense, it’s not alcohol-related. But for a person with an alcohol-related license revocation, that won’t matter unless they fight and win that too.

For people charged with a Careless only, it pays to keep it off the driver’s license record. It’s a misdemeanor crime. So it’s good to prevent getting a criminal record as well. You’ll need help from a good driving attorney. Find out more:

Careless & Reckless Driving

Speeding

The most common of all is a speeding ticket. It’s usually a petty misdemeanor. But police can ticket you for a misdemeanor speeding crime in extreme circumstances. Regardless of violation level, an over 100 mph speeding conviction will trigger a six month license revocation. And if you become an “habitual violator,” even a petty can trigger a license suspension.

Of course, everyone wants to keep it off their driver’s license record. That can help prevent future tickets, and higher insurance rates. Learn more about defending a speeding ticket:

Avoid a Speeding Ticket

Driving After Revocation

The State of Minnesota, Department of Public Safety (Minnesota DPS), can suspend, revoke and cancel driver’s licenses, including for a driving offense. But the law must be followed, even by the government.

If someone drives after suspension, revocation or withdrawal of their license, a prosecutor can charge them with a crime. Usually the crime is at the misdemeanor level. And if convicted, the defendant not only faces jail and probation, but will also another license revocation.

For some, this begins a revolving door of repeated no-license offenses. And with priors, jail time is common. But a good driving attorney can help you turn the corner and solve these problems. Find out more about these cases:

Driving After Revocation

No Proof of Insurance

It’s a crime to drive without insurance in Minnesota. No one wants a criminal record, even for a misdemeanor like this. And if convicted of no insurance, Minnesota DPS will revoke your driver’s license for at least 30 days. But a good attorney can help you avoid that. For more on defending these cases:

Driving Without Insurance

Traffic Tickets for a Driving Charge

Though speeding tickets are the most common, there are other kinds of traffic tickets. Most are petty misdemeanors. That means no jail or probation. But the fines pale in comparison to the effect on your driver’s license, drivers license record, and insurance.

Pay traffic ticket? Fight it?

After a traffic citation most people want to keep it off their driver’s license record. And that’s because we don’t want to lose our license or pay higher insurance rates. Though fighting it won’t always get that result; not fighting it never will. You can contest a traffic ticket yourself. Whether it’s worth it to hire a lawyer, is a question only you can answer.

What is a “uniform traffic citation?” A citation is a “summons” to respond to court on a “tab charge.” And it can allege a petty misdemeanor violation or misdemeanor crime. People often refer to this as a “traffic ticket.”

A “tab charge” is a criminal or petty misdemeanor charge that simply the names the charge and statute. But it does not have sworn facts alleging probable cause, unlike a written “Complaint.” Almost all traffic violations are tab charges, by citation, usually issued by the police officer.

What violations are traffic-related?

Traffic or motor vehicle crimes and violations range from felonies like Criminal Vehicular Homicide down to petty misdemeanor equipment violations. And an experienced defense lawyer can help you fight all of them, including any traffic ticket. In addition to those discussed above:

Other common traffic tickets

• Red light
• Stop sign
• School Bus violation
• Window Tint

Moving v. Equipment

Convictions for “moving violations” and for driving conduct, no insurance, or no license, generally go on the driving record. And those convictions can lead to a license revocation, suspension or cancellation.

But in general, equipment violations will result in a fix-it ticket or a fine only. The same goes for parking tickets (not moving violations, don’t go on the driver’s license record). So most people only want a defense lawyer for a traffic ticket that will affect their driver’s license, record and insurance, or criminal record.

FAQ: “Will I lose my license for a driving charge?”

It’s possible, but generally a conviction is required first. (For a DWI, a license revocation usually happens quickly, under the Minnesota’s “implied consent law.) Yet, a defense lawyer can help protect your driver’s license. For some felony traffic crimes, the state revokes the driver’s license right way, on the basis of a pending claim.

These include Felony DWI and Criminal Vehicular Operation charges. See:

Minnesota DWI law FAQ & Answers

Winning Felony DWI Cases in Minnesota

But the state won’t revoke a license for most traffic misdemeanors and petty misdemeanors unless the person has priors. But DWI is a big exception. And “Driving After Revocation” and “Driving Without Insurance” also trigger driver’s license revocations, but only if a conviction.

How many speeding ticket convictions before license suspension in Minnesota? For the answer we need to look at an administrative rule for the Minnesota Department of Public safety, their habitual violator rule.

“Habitual violator” rule

Minnesota Rules for the Department of Public Safety label repeaters “habitual violators.” Rule 7409.2200. And the Rule tells us how many convictions, over what period of time, trigger how long a license revocation. The state will revoke a “habitual violator’s” driver’s license. So if you have priors, you can prevent losing your license by preventing the conviction on a traffic ticket charge. And you might guess, it takes fewer misdemeanor convictions, than “traffic offense” (petty misdemeanor) convictions, to trigger an adverse action against your license.

See the habitual violator rule, 7409.2200, at the link above, for the list. But to give one example:

“The commissioner shall suspend the driver’s license of a person upon receiving a record of conviction for a violation of a traffic law under Minnesota Statutes, chapter 169 or 171, … except traffic laws specifically excluded from the driving record by statute. The driver’s license must be suspended for a period of:
A. 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:
(1) four traffic offenses within a 12-month period; or
(2) five traffic offenses within a 24-month period; …”

Minnesota Rules 7409.2200 “Habitual Violators”

And remember, the “conviction” is the trigger for the driver’s license consequence. So a disposition that avoids a “conviction,” will avoid a driver’s license consequence.

Why do people hire a paid defense lawyer? The most common reasons are:

• avoid conviction on driver’s license record
• prevent future traffic tickets
• avoid higher car insurance
• protect credit, health insurance
• avoid employment issues
• prevent revocation of driver’s license
• prevent jail for criminal traffic charges

Question? Call Attorney Thomas Gallagher, 612 333-1500

Criminal Defense Attorney Thomas Gallagher loves driving, and helping people avoid a driving offense.

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