HF 1767

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; holding limousine drivers to per 
  1.3             se standard imposed on commercial motor vehicle 
  1.4             operators for driving while impaired; amending 
  1.5             Minnesota Statutes 2002, sections 169A.03, by adding a 
  1.6             subdivision; 169A.20, subdivision 1; 169A.52, 
  1.7             subdivisions 2, 7; Minnesota Statutes 2003 Supplement, 
  1.8             section 169A.53, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 169A.03, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 11a.  [LIMOUSINE.] "Limousine" has the meaning given 
  1.13  it in section 221.84, subdivision 1. 
  1.14     Sec. 2.  Minnesota Statutes 2002, section 169A.20, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  1.17  crime for any person to drive, operate, or be in physical 
  1.18  control of any motor vehicle within this state or on any 
  1.19  boundary water of this state: 
  1.20     (1) when the person is under the influence of alcohol; 
  1.21     (2) when the person is under the influence of a controlled 
  1.22  substance; 
  1.23     (3) when the person is knowingly under the influence of a 
  1.24  hazardous substance that affects the nervous system, brain, or 
  1.25  muscles of the person so as to substantially impair the person's 
  1.26  ability to drive or operate the motor vehicle; 
  1.27     (4) when the person is under the influence of a combination 
  2.1   of any two or more of the elements named in clauses (1), (2), 
  2.2   and (3); 
  2.3      (5) when the person's alcohol concentration at the time, or 
  2.4   as measured within two hours of the time, of driving, operating, 
  2.5   or being in physical control of the motor vehicle is 0.10 or 
  2.6   more; 
  2.7      (6) when the vehicle is a commercial motor vehicle or a 
  2.8   limousine and the person's alcohol concentration at the time, or 
  2.9   as measured within two hours of the time, of driving, operating, 
  2.10  or being in physical control of the commercial motor vehicle is 
  2.11  0.04 or more; or 
  2.12     (7) when the person's body contains any amount of a 
  2.13  controlled substance listed in schedule I or II other than 
  2.14  marijuana or tetrahydrocannabinols. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 169A.52, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [REPORTING TEST FAILURE.] If a person submits to 
  2.18  a test, the results of that test must be reported to the 
  2.19  commissioner and to the authority having responsibility for 
  2.20  prosecution of impaired driving offenses for the jurisdiction in 
  2.21  which the acts occurred, if the test results indicate: 
  2.22     (1) an alcohol concentration of 0.10 or more; 
  2.23     (2) an alcohol concentration of 0.04 or more, if the person 
  2.24  was driving, operating, or in physical control of a commercial 
  2.25  motor vehicle or a limousine at the time of the violation; or 
  2.26     (3) the presence of a controlled substance listed in 
  2.27  schedule I or II, other than marijuana or tetrahydrocannabinols. 
  2.28     Sec. 4.  Minnesota Statutes 2002, section 169A.52, 
  2.29  subdivision 7, is amended to read: 
  2.30     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  2.31  behalf of the commissioner, a peace officer requiring a test or 
  2.32  directing the administration of a chemical test shall serve 
  2.33  immediate notice of intention to revoke and of revocation on a 
  2.34  person who refuses to permit a test or on a person who submits 
  2.35  to a test the results of which indicate an alcohol concentration 
  2.36  of 0.10 or more. 
  3.1      (b) On behalf of the commissioner, a peace officer 
  3.2   requiring a test or directing the administration of a chemical 
  3.3   test of a person driving, operating, or in physical control of a 
  3.4   commercial motor vehicle or a limousine shall serve immediate 
  3.5   notice of intention to disqualify or revoke, and of 
  3.6   disqualification or revocation, as applicable, on a person who 
  3.7   refuses to permit a test, or on a person who submits to a test 
  3.8   the results of which indicate an alcohol concentration of 0.04 
  3.9   or more. 
  3.10     (c) The officer shall either: 
  3.11     (1) take the driver's license or permit, if any, send it to 
  3.12  the commissioner along with the certificate required by 
  3.13  subdivision 3 or 4, and issue a temporary license effective only 
  3.14  for seven days; or 
  3.15     (2) invalidate the driver's license or permit in such a way 
  3.16  that no identifying information is destroyed. 
  3.17     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  3.18  169A.53, subdivision 3, is amended to read: 
  3.19     Subd. 3.  [JUDICIAL HEARING; ISSUES, ORDER, APPEAL.] (a) A 
  3.20  judicial review hearing under this section must be before a 
  3.21  district judge in any county in the judicial district where the 
  3.22  alleged offense occurred.  The hearing is to the court and may 
  3.23  be conducted at the same time and in the same manner as hearings 
  3.24  upon pretrial motions in the criminal prosecution under section 
  3.25  169A.20 (driving while impaired), if any.  The hearing must be 
  3.26  recorded.  The commissioner shall appear and be represented by 
  3.27  the attorney general or through the prosecuting authority for 
  3.28  the jurisdiction involved.  The judicial district administrator 
  3.29  shall establish procedures to ensure efficient compliance with 
  3.30  this subdivision.  To accomplish this, the administrator may, 
  3.31  whenever possible, consolidate and transfer review hearings 
  3.32  among the locations within the judicial district where terms of 
  3.33  district court are held. 
  3.34     (b) The scope of the hearing is limited to the issues in 
  3.35  clauses (1) to (10): 
  3.36     (1) Did the peace officer have probable cause to believe 
  4.1   the person was driving, operating, or in physical control of a 
  4.2   motor vehicle or commercial motor vehicle in violation of 
  4.3   section 169A.20 (driving while impaired)? 
  4.4      (2) Was the person lawfully placed under arrest for 
  4.5   violation of section 169A.20? 
  4.6      (3) Was the person involved in a motor vehicle accident or 
  4.7   collision resulting in property damage, personal injury, or 
  4.8   death? 
  4.9      (4) Did the person refuse to take a screening test provided 
  4.10  for by section 169A.41 (preliminary screening test)? 
  4.11     (5) If the screening test was administered, did the test 
  4.12  indicate an alcohol concentration of 0.10 or more? 
  4.13     (6) At the time of the request for the test, did the peace 
  4.14  officer inform the person of the person's rights and the 
  4.15  consequences of taking or refusing the test as required by 
  4.16  section 169A.51, subdivision 2? 
  4.17     (7) Did the person refuse to permit the test? 
  4.18     (8) If a test was taken by a person driving, operating, or 
  4.19  in physical control of a motor vehicle, did the test results 
  4.20  indicate at the time of testing: 
  4.21     (i) an alcohol concentration of 0.10 or more; or 
  4.22     (ii) the presence of a controlled substance listed in 
  4.23  schedule I or II, other than marijuana or tetrahydrocannabinols? 
  4.24     (9) If a test was taken by a person driving, operating, or 
  4.25  in physical control of a commercial motor vehicle or limousine, 
  4.26  did the test results indicate an alcohol concentration of 0.04 
  4.27  or more at the time of testing? 
  4.28     (10) Was the testing method used valid and reliable and 
  4.29  were the test results accurately evaluated? 
  4.30     (c) It is an affirmative defense for the petitioner to 
  4.31  prove that, at the time of the refusal, the petitioner's refusal 
  4.32  to permit the test was based upon reasonable grounds. 
  4.33     (d) Certified or otherwise authenticated copies of 
  4.34  laboratory or medical personnel reports, records, documents, 
  4.35  licenses, and certificates are admissible as substantive 
  4.36  evidence. 
  5.1      (e) The court shall order that the revocation or 
  5.2   disqualification be either rescinded or sustained and forward 
  5.3   the order to the commissioner.  If the revocation or 
  5.4   disqualification is sustained, the court shall also forward the 
  5.5   person's driver's license or permit to the commissioner for 
  5.6   further action by the commissioner if the license or permit is 
  5.7   not already in the commissioner's possession. 
  5.8      (f) Any party aggrieved by the decision of the reviewing 
  5.9   court may appeal the decision as provided in the Rules of 
  5.10  Appellate Procedure. 
  5.11     (g) The civil hearing under this section shall not give 
  5.12  rise to an estoppel on any issues arising from the same set of 
  5.13  circumstances in any criminal prosecution.