SF 285

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to drivers' licenses; halting cumulative suspensions; imposing penalty
for certain driving after suspension offenses; amending Minnesota Statutes 2008,
sections 171.18, subdivision 1; 171.24, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 171.18, subdivision 1, is amended to read:

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 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, 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 169.92, 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

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that
the dishonored check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.

(b) new text begin Notwithstanding paragraph (a), section 171.16, subdivision 2, or any other law,
new text end the commissioner may not suspend the driver's license of an individual deleted text begin under paragraph
(a) who was deleted text end convicted of a violation of section 171.24, subdivision deleted text begin 1, whose license
was under suspension at the time solely because of the individual's failure to appear in
court or failure to pay a fine deleted text end new text begin 1a new text end .

Sec. 2.

Minnesota Statutes 2008, section 171.24, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Driving after suspension for failure to appear or pay fines;
misdemeanor. new text end

new text begin A person is guilty of a misdemeanor if:
new text end

new text begin (1) the person's driver's license or driving privilege has been suspended for no reason
other than unpaid fines or failure to appear in court;
new text end

new text begin (2) the person has been given notice of or reasonably should know of the suspension;
and
new text end

new text begin (3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege
is suspended.
new text end