1 MINNESOTA DRIVING AND DRIVER’S LICENSE LAW STEVE SIMON
2 CHAPTER 169 REGULATES THE OPERATION OF MOTOR VEHICLES CHAPTER 171 REGULATES THE ISSUANCE AND REMOVAL OF DRIVER’S LICENSES
3 Simon is charged with speeding in the parking lot of the Southdale shopping center. Can he be convicted for speeding in that location?
4 Answer: See Subd. 1 …operation of vehicles upon highways, and upon highways, streets, private roads, and, to apply anywhere in state on or off road. and 117 NW2d 396 An ordinance of the village of North Oaks which, as amended, purports to limit and prescribe the permissible speed of vehicles driving on any public or private road in the village and contains other requirements to be observed by vehicle drivers using said roads is valid although almost all roads in the village are private; and funds of the village may be used to enforce the ordinance.
5 SCOPE. Subdivision 1.Application to persons, places, and vehicles. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, and upon highways, streets, private roads, and roadways situated on property owned, leased, or occupied by the regents of the University of Minnesota, or the University of Minnesota, except: (1) where a different place is specifically referred to in a given section; (2) the provisions of sections 169.09 to 169.13 apply to any person who drives, operates, or is in physical control of a motor vehicle within this state or upon the ice of any boundary water of this state, and to any person who drives, operates, or is in physical control of a snowmobile on a snowmobile trail within this state.
6 SMITH, the driver, is convicted of allowing an open container of an alcoholic beverage in a vehicle, JONES a passenger in Smith's car, is convicted of possessing an container of alcohol in a motor vehicle. Which person will have the above conviction noted on their driving record? Why?
7 Answer: Smith, requires court to notify DPS of violations involving the “operation” of motor vehicle. Driver Smith is operator. Jones, as a passenger, is not operating vehicle and not using his driver’s license consequently does not apply to open bottle passenger.
8 A DRIVER IS CHARGED WITH SPEEDING, SHE HAS TWO PRIOR CONVICTIONS FOR SPEEDING WITHIN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ALLEGED THIRD SPEED. WHAT TYPE OF TRIAL IS SHE ENTITLED TO FOR THIS THIRD SPEEDING CHARGE? WHAT IS THE MAXIMUM PENALTY SHE IS SUBJECT TO?
9 Answer: Jury Trial, (1)(b) Penalty 90 days &/or $1,000 and driving improvement clinic ( subd. 5)
10 169. 89 PENALTIES. Subdivision 1PENALTIES. Subdivision 1.Violation; when petty misdemeanor enhanced to misdemeanor. Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter; except that: (1) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property; or (2) exclusive of violations relating to the standing or parking of an unattended vehicle, a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12-month period; is a misdemeanor to which the provisions of subdivision 2 shall not apply.
11 169. 89 PENALTIES. Subdivision 1PENALTIES. Subdivision 1.Violation; when petty misdemeanor enhanced to misdemeanor (2) exclusive of violations relating to the standing or parking of an unattended vehicle, a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12-month period;
12 A person is convicted of three misdemeanor moving violations of chapter 169 within twelve months. What license consequences is this person subject to?
13 Answer: Revocation, 171.17 (6), Suspension 171.18
14 MANDATORY REVOCATION The department shall immediately revoke the license of a driver upon receiving a record of the driver's conviction of: (6) except as this section otherwise provides, three charges of violating within a period of 12 months any of the provisions of chapter 169 or of the rules or municipal ordinances enacted in conformance with chapter 169, for which the accused may be punished upon conviction by imprisonment; (10) a violation of an applicable speed limit by a person driving in excess of 100 miles per hour. The person's license must be revoked for six months for a violation of this clause, or for a longer minimum period of time applicable under section 169A.53, 169A.54, or
15 171. 18 SUSPENSIONS Subdivision 1. OffensesSUSPENSIONS Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee: (1) has committed an offense for which mandatory revocation of license is required upon conviction; (2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage; (3) is an habitually reckless or negligent driver of a motor vehicle; (4) is an habitual violator of the traffic laws; (5) is incompetent to drive a motor vehicle as determined in a judicial proceeding; (6) has permitted an unlawful or fraudulent use of the license; (7) has committed an offense in another state that, if committed in this state, would be grounds for suspension; (8) has committed a violation of section , subdivision 2, paragraph (a), within five years of a prior conviction under that section; (9) has committed a violation of section , except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card; (10) has failed to appear in court as provided in section , subdivision 4; (11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges; (12) has been found to have committed an offense under section 169A.33; or
16 Minn. Stat (b) Within ten days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of any law or ordinance, regulating the operation of vehicles on highways, the court administrator of the court in which the conviction was had or bail was forfeited, shall immediately forward to the Department of Public Safety an abstract of the record of the court covering the case in which the person was convicted or forfeited bail. The abstract must be certified by the person required to prepare it to be true and correct.
17 Johnson is given a citation for speeding, he fails to appear in court in response to that citation can his non-appearance be noted on his driving record as a conviction?
18 Answer: Yes, Subd. 3 (Citation must include notice that failure to appear is considered a plea of guilty and waiver of right to trial) and (29) Where is there a substantive statement of the consequence of failing to appear?
19 (29) The term "conviction" means a final conviction either after trial or upon a plea of guilty. Also, a forfeiture of cash or collateral deposited to guarantee a defendant's appearance in court, which forfeiture has not been vacated; the failure to comply with a written notice to appear in court; or a breach of a condition of release without bail, is equivalent to a conviction.
20 Notice to appear. When a person is arrested for any violation of any law or ordinance relating to motor vehicles, their registration or their operation, or the use of the highways, the arresting officer shall prepare a written notice to appear in court. This place must be before a judge within the county in which the offense charged is alleged to have been committed who has jurisdiction and is nearest or most accessible with reference to the place of arrest. If the offense is a petty misdemeanor, the notice to appear must include a statement that a failure to appear will be considered a plea of guilty and waiver of the right to trial, unless the failure to appear is due to circumstances beyond the person's control.
21 Green is charged with driving after withdrawal of her driving privileges. At trial she testifies that she didn't know that her license had been suspended (withdrawn). Is that a defense?
22 Answer: Lack of notice is not a defense, 171. 24 subd. 2, State vAnswer: Lack of notice is not a defense, subd. 2, State v. Coady 412 N.W.2d 39, (Minn. Ct. App. 1987) Referencing case before new language adopted which required actual notice
23 171. 24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE. Subdivision 1VIOLATIONS; DRIVING WITHOUT VALID LICENSE. Subdivision 1.Driving after suspension; misdemeanor. Except as otherwise provided in subdivision 5, a person is guilty of a misdemeanor if: (1) the person's driver's license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and operates a motor vehicle
24 subd75 Notice of revocation, suspension, cancellation, or disqualification is sufficient if personally served, or if mailed by first class mail to the person's last known address or to the address listed on the person's driver's license. Notice is also sufficient if the person was informed that revocation, suspension, cancellation, or disqualification would be imposed upon a condition occurring or failing to occur, and where the condition has in fact occurred or failed to occur.
25 Brown, driving a car, approaches a stop signBrown, driving a car, approaches a stop sign. Brown's brakes unexpectedly fail and Brown's car goes through the intersection without stopping. Can he be convicted of failing to stop for the stop sign?
26 Answer: No, Traffic violation are general intent crimes, however state does have to prove that defendant did intend to engage in the behavior i.e. continued driving. State v. Kremer 114 N.W.2d 88 (Minn. 1962), State v Miller 395 N.W.2d 431 (Minn. Ct. App. 1986) Driver spilled hot coffee on knee causing a spasmodic jerk pushing down on accelerator. If state could prove prior awareness of poor condition of brakes conviction could be based on negligence, Kremer and Miller.
27 MILLER Here, however, the driver decided to bring a cup of hot coffee into the car, intending to drive the vehicle. It was this act that set in motion the sequence of events leading to a violation of the statute. (Hot coffee spilled on his leg, causing it to spasmodically jerk pushing down on accelerator) In contrast to the situation in Kremer, the driver here was in a position to prevent events causing a violation of the statute by simply refraining from bringing hot coffee into the car. Although he may not have been negligent in bringing the coffee into the car, by assuming the responsibility for operating a vehicle, the driver also assumed the responsibility for the consequences of his actions affecting the operation of the vehicle. Where the driver's actions ultimately result in a violation of the statute, a conviction under Minn.Stat. § , subd. 2, is appropriate. Although appellant may not have intended to step on the accelerator, causing the car to accelerate to 40 miles per hour, it was his earlier actions that led to the violation of the statute.
28 - It is not essential that the wrongdoer should intend to commit the crime to which his act amounts, but it is essential that he should intend to do the act which constitutes the crime.’ -As to some activities, even though a person does not criminally intend the harm caused by his acts, he ‘usually is in a position to prevent it with no more care than society might reasonably expect and no more exertion than it might reasonably exact from one who assumed his responsibilities.’ But when there is no negligence, and no intent to do the act which turned out to be criminal, this rationale does not apply.
29 Red is the owner of a car observed to drive past the extended stop arm of a school bus. The school bus driver cannot identify Red as the driver but does remember the license number of the car. Can Red be convicted of that offense absent proof of identification of the driver?
30 Answer: Yes, 169.444 subd. 6 but only for petty misdemeanor
31 State v. Eakins 720 N. W. 2d 597 Minn. App. ,2006State v. Eakins 720 N.W.2d 597 Minn.App.,2006. Syllabus by the Court 1. Minn.Stat. § , subd. 6 (2004), which imposes petty-misdemeanor liability on an owner of a motor vehicle that is used to violate the school-bus-safety law by being driven in disregard to a bus's flashing red lights and extended stop-signal arm, is rationally related to the legitimate governmental purpose of protecting school children on or near roadways and does not violate due process. 2. The statute does not create a presumption that the owner of a motor vehicle that violates the school-bus-safety law was the driver of that vehicle, does not shift the burden of proof to the defendant, and does not require the defendant to testify against himself. 3. The evidence was sufficient to show both a violation of the school-bus-safety law and the identity of the registered owner of the violating vehicle.
32 169. 444 Subd. 6. Violation; penalty for owner or lesseeSubd. 6.Violation; penalty for owner or lessee. (a) If a motor vehicle is operated in violation of subdivision 1 or 1a, the owner of the vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor. (b) The owner or lessee may not be fined under paragraph (a) if (1) another person is convicted for that violation, or (2) the motor vehicle was stolen at the time of the violation.
33 The lack of knowledge or intent is immaterial when the violation of the ordinance is made criminal without reference to knowledge or due diligence. When an act is made a violation without regard to the existence of a specific intent, the existence of ignorance or a mistake of fact is no defense and cannot be shown. ‘Inasmuch as the ordinance under which defendant was charged does not make intent or knowledge essential to the commission of the offense, the only fact to be determined is whether the defendant did the act.’ The issue that we must consider is whether the conclusion of the court that the defendant was guilty is sustained by the findings of fact. It has long been settled that the legislature may forbid the doing of an act and make its commission criminal without regard to the intention, knowledge, or motive of the door. 5 Dunnell, Dig. (3 ed.) s 2409, and cases cited under note 29. [2] However, this rule is subject to an important qualification. As stated in 5 Dunnell, Dig. (3 ed.) s 2409: ‘* * * It is not essential that the wrongdoer should intend to commit the crime to which his act amounts, but it is essential that he should intend to do the act which constitutes the crime.’ See, also, State v. Laundy, 103 Or. 443, 499, 204 P. 958, 976, 206 P. 290; 22 C.J.S. Criminal Law s 30, p The theory behind statutes which impose absolute liability is well explained in *192 Morissette v. United States, 342 U.S. 246, 256, 72 S.Ct. 240, 246, 96 L.Ed. 288, 297. As to some activities, even though a person does not criminally intend the harm caused by his acts, he ‘usually is in a position to prevent it with no more care than society might reasonably expect and no more exertion than it might reasonably exact from one who assumed his responsibilities.’ But when there is no negligence, and no intent to do the act which turned out to be criminal, this rationale does not apply. If the defendant here went through a stop light that he did not see, and was defending on the ground that he did so without any criminal intent, a court could be justified in finding him guilty of a violation of the ordinance involved. When the driver intends to proceed forward, or is negligent in any way, he can be held liable for his acts. However, we have a different situation here where the court found that he was unable to stop because the brakes on his car failed to operate; that he had experienced no prior brake trouble; and that he had no knowledge that his brakes were defective. A conviction under those facts and circumstances cannot stand. There is no finding in this case that defendant knew or reasonably should have known of the defect in the car, or that there was any negligence. In addition the clear inference from the findings is that there was no intent to do the act which constituted the crime. Therefore, the conviction should be reversed.
34 What are the elements of a felony level hit and run offense?
35 Answer: (a) Accident causing death, great or substantial bodily harm, (b) driver did not stop and provide identification information, (c) driver did not in the alternative , notify police of accident
36 What is the license consequence for a person convicted of operating a vehicle without liability insurance?
37 Answer: subd. 4 Revocation for not more than 1 year no reinstatement unless person files proof of current insurance
38 Maple is the driver, but not the owner, of a car stop for a noisy muffler. The officer asks Maple for information about insurance on the vehicle. What information is Maple required to furnish?
39 Answer: 169.792 subd. 1, 2,3 non-owner driver only required to furnish name and address of owner
40 Orange, when stopped for a tail light out, is asked to produce a driver's license. She does not have hers with her. She is given a citation for no driver’s license in possession. When she appears in court in response to that citation she brings a license with her which indicates that she was valid at the time of the stop. Can she be convicted of no driver's license in possession?
41 Answer: , No conviction if driver can furnish proof to court of valid license at time violation
42 Purple's license is revoked because of an administrative alcohol related license revocation. 8 years after that revocation but at a time when his license was reinstated he is charged with DWI (Minn. Stat. 169A.20, subd. 5. What level DWI offense can he be prosecuted for? (Misdemeanor or gross misdemeanor)
43 Answer: If alcohol related license revocation occurred within 10 years of current offense, he can be charged with a gross misdemeanor (3rd Degree DWI-169A.26, 169A.03 Subd. 21) If alcohol related license revocation occurred more than 10 years ago he can be charged with a misdemeanor 169A.27
44 Olive Oil fails to pay a parking ticketOlive Oil fails to pay a parking ticket. How long can her license be suspended for such non-payment of that fine?
45 Answer: subd. 3 Indefinitely, until fine is paid … violating a law …regulates the operation or parking of motor vehicles ..failed to comply with that sentence or to pay the surcharge, notwithstanding the fact that the court has determined that the person has the ability to pay the fine or surcharge ..the commissioner shall suspend the driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has been paid
46 Kline is on trial for driving after withdrawal of her licenseKline is on trial for driving after withdrawal of her license. At trial the prosecutor offers Kline’s complete driving record, which includes many entries for DWI and Speed in addition to the status of Kline's license on the date of the incident. What is the basis for the prosecutor's offer of the driving record? Should the entire record be admissible? If not what parts should be admissible?
47 Answer: 171. 21 , State v. Brown 226 N. W. 2d 747 (MinnAnswer: , State v. Brown 226 N.W.2d 747 (Minn. 1975) Entire record is not admissible, prosecutor should redact non-relevant portions State v. Coady 412 N.W.2d 39 (Minn. Ct. App. 1987).
48 171. 21 COPY OF RECORD AS EVIDENCECOPY OF RECORD AS EVIDENCE. Copies of any of the files or records of the department certified by the commissioner as being true copies shall be received in evidence in any court in this state with the same force and effect as the originals. Crawford apply?
49 Morris is clocked at 90 mile an hour on IS 94 west bound at 6:00 PM weaving in and out of traffic and driving on the shoulder. Several vehicles are observed hitting their brakes to avoid colliding with him. The officer has written him a citation for speeding. He has no other moving violations on his driving record. You are the prosecutor you want to charge him with a misdemeanor, how can you do so?
50 Amend the charge of petty misdemeanor speed to hazardous speed a misdemeanor PENALTIES. Subdivision 1.Violation; when petty misdemeanor enhanced to misdemeanor (1) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property is a misdemeanor to which the provisions of subdivision 2 shall not apply.
51 How long can a person’s driver’s license be revoked for refusing to submit to an Implied consent test? If the person’s license is revoked for refusing to take an Implied Consent test and the person subsequently pleads guilty to DWI how long is their license revocation?
52 1 year, 169A.51 Subd
53 Jones has been stopped for obstructed windshieldJones has been stopped for obstructed windshield. What is the statutory basis for the stop?
54 169.71 Windshield cracked or discolored to an extent that to limit or obstruct visibility.
55 Green has been stopped for unlit license plate, What is the statutory basis for the stop?
56 Subd. 2. License plates. Either such rear lamp or separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it legible from a distance of 50 feet to the rear. Any rear lamp or rear lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
57 Smith has been stopped for SpeedingSmith has been stopped for Speeding. He gives the officer a driver’s license with his name and a false date of birth on it. What offenses can he be charged with? What is the license consequences of displaying a false driver’s license?
58 171. 22 False Name or Name of another to Police Officer Subdivision 1False Name or Name of another to Police Officer Subdivision 1. Violations. With regard to any driver's license, …it shall be unlawful for any person: (4) to use a fictitious name or date of birth to any police officer (Misd.) (8) to use the name and date of birth of another person to any police officer for the purpose of falsely identifying oneself to the police officer; (GR. Misd.) PROHIBITING GIVING PEACE OFFICER FALSE NAME. (Viol. Not reported to DPS) Ficticous name to police officer or court official – Misd. Name and Date of Birth of another to police officer or court official – Gr. Misd.
59 171. 18 SUSPENSION (9) has committed a violation of section 171SUSPENSION (9) has committed a violation of section , except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;
60 Jones is charged with going 70 mph in a 55 mph zoneJones is charged with going 70 mph in a 55 mph zone. He goes to court and the prosecutor amends the charge to going 64 mph in a 55 mph zone. Will this conviction be recorded on his driver’s license record?
61 171. 12 DRIVING RECORD; Subd. 6. Certain convictions not recordedDRIVING RECORD; Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph (b), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour speed limit. (b) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.
62 Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the violation consisted of a speed greater than: (1) ten miles per hour in excess of the speed limit, for any violation occurring on or after August 1, 2012, and before August 1, 2014; or (2) five miles per hour in excess of the speed limit, for any violation occurring on or after August 1, (c) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.
63 COURT MAY RECOMMEND SUSPENSION The court may recommend the suspension of the driver's license of the person so convicted, and the commissioner shall suspend such license as recommended by the court, without a hearing REVOCATION. Subdivision 1.Offenses. (a) The department shall immediately revoke the license of a driver upon certification of; three charges of violating within a period of 12 months any of the provisions of chapter 169 or of the rules or municipal ordinances enacted in conformance with chapter 169, for which the accused may be punished upon conviction by imprisonment; SUSPENSION. Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver upon certification committed an offense for which mandatory revocation of license is required upon conviction