Driving With A Suspended Or Revoked License
Drivers can be charged with a crime if they operate a vehicle while their license is suspended or revoked. The crime is typically categorized as a misdemeanor and carries a maximum $1,000 fine and 90 days in jail.
However, drivers may face a gross misdemeanor charge if their license was suspended because it threatened public safety. Maximum penalties for gross misdemeanors are $3,000 in fines and up to one year in jail.
Minnesota Driving With a Suspended or Revoked License Attorney
If you have been arrested for driving with a suspended or revoked license, speak to knowledgable criminal defense attorney James Blumberg at James Blumberg Law today. Mr. Blumberg has years of experience handling traffic offenses and can help you secure a favorable outcome for your case.
James Blumberg Law accepts clients throughout the state of Minnesota in cities such as Lakeville, Burnsville, Apple Valley, Eagan, Rosemount, Farmington, Inver Grove Heights and West St. Paul. Call (952) 431-7758 to arrange a free, initial consultation with James Blumberg Law as soon as possible.
- Suspended License
- Revoked License
- Driving While License Is Suspended Without Knowledge
- Driving While License Is Suspended With Knowledge
- Proving Knowledge In A DWLS Charge
- DWI in Minnesota
- Appealing A Suspension Or Revocation
- Habitual Offender
- Additional Resources
A suspended license is a temporary driving ban. The suspension can either be definite or indefinite in Minnesota. If the driver has paid the required suspension termination fees, the license suspension is definite and will end at a predetermined time. An indefinite suspension means the license remains suspended until the driver takes necessary action, such as paying a fine or attending traffic school. In Minnesota, there are several grounds for license suspension. Here are a few of them:
- Failing to appear in court
- Not paying a fine for a traffic infraction
- Ignoring a court-ordered driver improvement course
- Accumulating too many points on a license
- Using a fake driver’s license or driving without a license that is in good standing
- Not paying court-ordered child support
If a driver’s license is revoked, it indicates the driver can no longer legally drive. Typically, a revoked license is a permanent ban. Drivers eligible for reinstatement would have to reapply for a driver’s license, get it approved by the state, pay all associated fines, and go through the entire testing process. Some reasons for a revoked license include:
- Driving without auto insurance
- Conviction of a serious traffic offense
- Multiple driving offenses
- Making false statements on a driver’s license or registration application
- A medical condition impacts the driver’s ability to safely operate a vehicle.
Driving While License Is Suspended Without Knowledge
Unknowingly driving while license is suspended (DWLS) is a civil infraction. The only possible punishment is a small fine. Paying the fine will result in points on the driver’s license.
Driving While License Is Suspended With Knowledge
Knowingly driving with a suspended license is a criminal offense. The consequences for DWLS with knowledge depend on the specifics of your case and your criminal history. In general, DWLS with knowledge is a second-degree misdemeanor with a maximum jail sentence of 60 days and a fine of $500 for a first offense.
A first-degree misdemeanor, punishable by up to 364 days in jail and a $1,000 fine, can be charged for a second conviction. DWLS as a habitual traffic offender or a third or subsequent conviction can be considered third-degree felonies with a maximum 5-year prison sentence and a $5,000 fine.
Proving Knowledge In A DWLS Charge
If a driver receives a ticket for a DWLS and pays the fine, it’s an omission of guilt. The prosecutor must prove the driver had knowledge to charge a driver with DWLS with knowledge. A judge’s order is considered notice, so if a judge ordered the suspension, the driver is considered to have “knowledge.” Suppose the prosecutor can show the driver received a prior driving while license suspended citation or the driver admits that he knows his license is suspended. In that case, the driver can be charged with having knowledge.
DWI in Minnesota
Following a driving while intoxicated (DWI) arrest in Minnesota, the driver doesn’t immediately lose their license. However, even before the driver is found guilty of a crime, the state has the right to start the process of taking away driving privileges. Drivers could lose their license within days after the DWI arrest.
Following implied consent laws, drivers agree to submit to blood, breath, or urine testing to ascertain whether they are driving while impaired by drugs or alcohol. If an officer has probable cause, they can require the driver to take a breath test. Drivers who refuse risk losing their license.
Appealing A Suspension Or Revocation
Drivers have 30 days from the date of the notice of license revocation or suspension to pursue legal action against the Commissioner of Public Safety. When faced with license suspension or revocation, the most frequent error people make is missing the 30-day window to request a court hearing.
A person convicted of multiple traffic violations can be habitualized under state law. If a driver has three convictions in 12 months, their license may be suspended for 30 days. If the driver has four convictions in the 12 months, it’s a 90-day suspension. Drivers with five or more convictions in 12 months face a full year of suspension.
Minnesota Judicial Branch – Visit the official website for the Minnesota Judicial Branch to view instructions to complete and file a petition for a court hearing on the reinstatement of a driver’s license.
Minnesota Office of Traffic Safety – Visit the official website for the Minnesota Office of Traffic Safety which provides information on impaired driving laws.
Apple Valley Driving With a Suspended or Revoked License Attorney | Dakota County, MN
Whether you drive on a suspended or a revoked driver’s license, doing so is unlawful and can exposes you to steep fines, further loss of your driving privileges and possible time behind bars. If you have been arrested for this offense, seek the legal representation of Dakota County defense attorney James Blumberg at James Blumberg Law as soon as possible.
Mr. Blumberg is prepared to form a strong defense for your case. James Blumberg Law serve Minnesota residents and visitors in counties such as Rice County, Steele County, Scott County, Sibley County, Dodge County, Olmsted County, and Carver County.
Call (952) 431-7758 to schedule a free consultation today with James Blumberg Law.