HF 3724

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; providing that certain misdemeanor traffic offenses
do not constitute grounds for revocation or suspension of a person's driver's
license; amending Minnesota Statutes 2006, sections 169.13, subdivision 2;
169.791, subdivisions 2, 6; 169.792, subdivision 7; 169.89, subdivision 1;
169A.35, subdivisions 2, 3, 4; 171.08; 171.24, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2006, section 169.13, subdivision 2, is amended to read:

Subd. 2.

Careless driving.

Any person who operates or halts any vehicle upon any
street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner
that endangers or is likely to endanger any property or any person, including the driver or
passengers of the vehicle, is guilty of a misdemeanor. new text begin A violation of this subdivision that
results in an accident or injury to a person other than the driver is a misdemeanor.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169.791, subdivision 2, is amended to read:

Subd. 2.

Requirement for driver, whether or not owner.

new text begin (a) new text end Every driver shall
have in possession at all times when operating a vehicle and shall produce on demand
of a peace officer proof of insurance in force at the time of the demand covering the
vehicle being operated. If the driver does not produce the required proof of insurance
upon the demand of a peace officer, the driver is guilty of a misdemeanor. A person is
guilty of a gross misdemeanor who violates this section within ten years of the first of
two prior convictions under this section, section 169.797, or a statute or ordinance in
conformity with one of those sections. The same prosecuting authority who is responsible
for prosecuting misdemeanor violations of this section is responsible for prosecuting gross
misdemeanor violations of this section. A driver who is not the owner of the vehicle may
not be convicted under this section unless the driver knew or had reason to know that the
owner did not have proof of insurance required by this section, provided that the driver
provides the officer with the name and address of the owner at the time of the demand
or complies with subdivision 3.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 3.

Minnesota Statutes 2006, section 169.791, subdivision 6, is amended to read:

Subd. 6.

Penalty.

In addition to any sentence of imprisonment that the court may
impose, the court shall impose a fine of not less than $200 nor more than the maximum
fine applicable to misdemeanors upon new text begin a nonpetty misdemeanor new text end conviction under this
section. The court may allow community service in lieu of any fine imposed if the
defendant is indigent. deleted text begin In addition to criminal penalties, deleted text end A person convicted deleted text begin under deleted text end new text begin of a
nonpetty misdemeanor violation of new text end this section is new text begin not new text end subject to revocation of a driver's
license or permit to drive under section 169.792, subdivision 7, and to revocation of motor
vehicle registration under section 169.792, subdivision 12.

Sec. 4.

Minnesota Statutes 2006, section 169.792, subdivision 7, is amended to read:

Subd. 7.

License revocation.

Upon receiving the notification under subdivision
6 deleted text begin or notification of a conviction for violation of section 169.791 deleted text end , the commissioner
shall new text begin not new text end revoke the person's driver's license or permit to drive. deleted text begin The revocation shall be
effective beginning 14 days after the date of notification by the district court administrator
or officer to the Department of Public Safety. In order to be revoked, notice must have
been mailed to the person by the commissioner at least ten days before the effective date
of the revocation. If the person, before the effective date of the revocation, provides
the commissioner with the proof of insurance or other verifiable insurance information
as determined by the commissioner, establishing that the required insurance covered the
vehicle at the time of the original demand, the revocation must not become effective.
Revocation based upon receipt of a notification under subdivision 6 must be carried out
regardless of the status or disposition of any related criminal charge. The person's driver's
license or permit to drive shall be revoked for the longer of: (i) the period provided in
section 169.797, subdivision 4, paragraph (c), including any rules adopted under that
paragraph, or (ii) until the driver or owner files proof of insurance with the Department
of Public Safety satisfactory to the commissioner of public safety. A license must not be
revoked more than once based upon the same demand for proof of insurance. deleted text end

Sec. 5.

Minnesota Statutes 2006, section 169.89, subdivision 1, is amended to read:

Subdivision 1.

Violation deleted text begin ; when petty misdemeanor enhanced to misdemeanor deleted text end .

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 deleted text begin ; except that:
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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;
deleted text end

deleted text begin is a misdemeanor to which the provisions of subdivision 2 shall not apply deleted text end .

Sec. 6.

Minnesota Statutes 2006, section 169A.35, subdivision 2, is amended to read:

Subd. 2.

Drinking and consumption; crime described.

new text begin (a) new text end It is a crime for a
person to drink or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt
liquor in a motor vehicle when the vehicle is upon a street or highway.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 7.

Minnesota Statutes 2006, section 169A.35, subdivision 3, is amended to read:

Subd. 3.

Possession; crime described.

new text begin (a) new text end It is a crime for a person to have in
possession, while in a private motor vehicle upon a street or highway, any bottle or
receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that
has been opened, or the seal broken, or the contents of which have been partially removed.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 8.

Minnesota Statutes 2006, section 169A.35, subdivision 4, is amended to read:

Subd. 4.

Liability of nonpresent owner; crime described.

new text begin (a) new text end It is a crime for
the owner of any private motor vehicle or the driver, if the owner is not present in the
motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is upon
a street or highway any bottle or receptacle containing an alcoholic beverage, distilled
spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents
of which have been partially removed.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 9.

Minnesota Statutes 2006, section 171.08, is amended to read:

171.08 LICENSEE TO HAVE LICENSE IN POSSESSION.

new text begin (a) new text end Every licensee shall have the license in immediate possession at all times
when operating a motor vehicle and shall display it upon demand of a peace officer, an
authorized representative of the department, or an officer authorized by law to enforce the
laws relating to the operation of motor vehicles on public streets and highways. Unless the
person is the holder of a limited license issued under section 171.30, no person charged
with violating the possession requirement shall be convicted if the person produces in
court or the office of the arresting officer a driver's license previously issued to that person
for the class of vehicle being driven which was valid at the time of deleted text begin arrest deleted text end new text begin citation new text end or
satisfactory proof that at the time of the deleted text begin arrest deleted text end new text begin citation new text end the person was validly licensed for
the class of vehicle being driven. The licensee shall also, upon request of any officer, write
the licensee's name in the presence of the officer to determine the identity of the licensee. new text begin
A violation of this section is a misdemeanor. new text end

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of
this section does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 10.

Minnesota Statutes 2006, section 171.24, subdivision 1, is amended to read:

Subdivision 1.

Driving after suspension; deleted text begin misdemeanor deleted text end new text begin penalty new text end .

new text begin (a) new text end 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

(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 begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 11.

Minnesota Statutes 2006, section 171.24, subdivision 2, is amended to read:

Subd. 2.

Driving after revocation; misdemeanor.

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

(1) the person's driver's license or driving privilege has been revoked;

(2) the person has been given notice of or reasonably should know of the revocation;
and

(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
revoked.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 12.

Minnesota Statutes 2006, section 171.24, subdivision 3, is amended to read:

Subd. 3.

Driving after cancellation; misdemeanor.

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

(1) the person's driver's license or driving privilege has been canceled;

(2) the person has been given notice of or reasonably should know of the
cancellation; and

(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
canceled.

new text begin (b) Notwithstanding any other law to the contrary, a misdemeanor violation of this
subdivision does not constitute grounds for the revocation or suspension of the person's
driver's license.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective August 1, 2008, and apply to crimes committed on or
after that date.
new text end