SF 1347

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; providing for notice 
  1.3             and order of suspension of driver's license of 
  1.4             juvenile cited for driving while there is physical 
  1.5             evidence of the consumption of alcohol in the 
  1.6             juvenile's body; amending Minnesota Statutes 1996, 
  1.7             section 169.1218. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 169.1218, is 
  1.10  amended to read: 
  1.11     169.1218 [UNDERAGE DRINKING AND DRIVING.] 
  1.12     Subdivision 1.  [PROHIBITION; LICENSE SUSPENSION; PENALTY.] 
  1.13  (a) It is a misdemeanor for a person under the age of 21 years 
  1.14  to drive or operate a motor vehicle while consuming alcoholic 
  1.15  beverages, or after having consumed alcoholic beverages while 
  1.16  there is physical evidence of the consumption present in the 
  1.17  person's body. 
  1.18     (b) When a person is found to have committed an offense 
  1.19  under paragraph (a), the court shall notify the commissioner of 
  1.20  public safety of its determination.  Upon receipt of the court's 
  1.21  determination that the juvenile committed a violation of 
  1.22  paragraph (a), the commissioner shall suspend the person's 
  1.23  driver's license or operating privileges, or continue the 
  1.24  suspension begun under paragraph (c), for 30 days, or for 180 
  1.25  days if the person has previously been found to have violated 
  1.26  paragraph (a) or a statute or ordinance in conformity with 
  2.1   paragraph (a). 
  2.2      (c) When a peace officer issues upon probable cause the 
  2.3   notice and order of suspension under subdivision 2 to a person 
  2.4   for committing an offense under paragraph (a), the officer shall 
  2.5   notify the commissioner of public safety by sending a copy of 
  2.6   the notice and order of suspension to the commissioner.  Upon 
  2.7   receipt of the notice and order of suspension, the commissioner 
  2.8   shall suspend the person's driver's license or operating 
  2.9   privileges for 30 days, or for 180 days if the person has 
  2.10  previously been found to have violated paragraph (a) or a 
  2.11  statute or ordinance in conformity with paragraph (a), effective 
  2.12  beginning the seventh day after issuance. 
  2.13     (d) If the person's conduct violates section 169.121, 
  2.14  subdivision 1, or 169.1211, the penalties and license sanctions 
  2.15  in those laws apply instead of the license sanction sanctions in 
  2.16  paragraph paragraphs (b) and (c). 
  2.17     (d) (e) An offense under paragraph (a) may be prosecuted 
  2.18  either in the jurisdiction where consumption occurs or the 
  2.19  jurisdiction where evidence of consumption is observed. 
  2.20     Subd. 2.  [NOTICE AND ORDER OF LICENSE SUSPENSION; PROBABLE 
  2.21  CAUSE.] (a) When a peace officer has reason to believe from the 
  2.22  manner in which a person is or was driving, operating, or 
  2.23  controlling a motor vehicle, or acting upon departure from a 
  2.24  motor vehicle, that the driver may be violating or has violated 
  2.25  subdivision 1, paragraph (a), or section 169.121 or 169.1211, 
  2.26  the officer shall confiscate or invalidate the person's driver's 
  2.27  license certificate and issue a notice and order of suspension 
  2.28  to the person. 
  2.29     (b) On probable cause under paragraph (a), the peace 
  2.30  officer shall issue to the violator a notice and order of 
  2.31  suspension, which will also serve as a temporary driver's 
  2.32  license valid for seven days, on a form provided by the 
  2.33  department of public safety.  The information on the form must 
  2.34  provide for and include: 
  2.35     (1) as listed on the driver's license, the violator's name, 
  2.36  address, date of birth, height and weight, driver's license 
  3.1   number and class, and any driving restrictions; 
  3.2      (2) the date the citation and notice was issued; 
  3.3      (3) statements substantially similar to the following 
  3.4   language in items (i) to (viii), with a checkoff blank or box 
  3.5   for items (ii), (iii), (iv), and (vi): 
  3.6      (i) On the date this notice was issued you were issued a 
  3.7   citation for Underage Drinking and Driving pursuant to Minnesota 
  3.8   Statutes, section 169.1218. 
  3.9      (ii) Because you were issued a citation for Underage 
  3.10  Drinking and Driving, and this is your first offense, the 
  3.11  commissioner of public safety will suspend your driver's license 
  3.12  for a period of 30 days. 
  3.13     (iii) Because you were issued a citation for Underage 
  3.14  Drinking and Driving, and you have previously been found to have 
  3.15  violated Minnesota Statutes, section 169.1218, the commissioner 
  3.16  of public safety will suspend your driver's license for 180 days.
  3.17     (iv) Your driver's license and privilege to drive in 
  3.18  Minnesota are suspended.  This is your official notice of 
  3.19  suspension.  This suspension takes effect the seventh day after 
  3.20  the date this notice was issued. 
  3.21     (v) By law, the peace officer is required to take or 
  3.22  invalidate every Minnesota driver's license certificate and 
  3.23  permit in your possession and issue a temporary license, which 
  3.24  is valid for seven days after the date this notice was issued. 
  3.25     (vi) The driver's license was surrendered and forwarded to 
  3.26  the department of public safety with this report. 
  3.27     (vii) No temporary license was issued because 
  3.28  .................................................. 
  3.29     (viii) This entire notice is valid as a temporary license 
  3.30  until the seventh day after the date the above notice was 
  3.31  issued.  This portion of the form is not valid if detached from 
  3.32  the notice and order of suspension. 
  3.33     (4) a place for the signature, printed name, and telephone 
  3.34  number of the citing peace officer; and 
  3.35     (5) an affidavit of lost or destroyed driver's license, 
  3.36  with a space for the affiant's signature and date of signing, 
  4.1   stating substantially that:  "I have lost or destroyed my 
  4.2   driver's license.  I promise that if it is found I will 
  4.3   immediately forward it to the Department of Public Safety, 
  4.4   Division of Driver and Vehicle Services, 108 Transportation 
  4.5   Building, St. Paul, MN 55155.  I fully realize that in making 
  4.6   this affidavit, the license certificate is rendered null and 
  4.7   void and may not be used for operating a motor vehicle." 
  4.8      Sec. 2.  [EFFECTIVE DATE.] 
  4.9      Section 1 is effective August 1, 1997, and applies to 
  4.10  violations committed on and after that date.