SF 1546

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to driver's licenses; permitting courts to 
  1.3             stay adjudication of certain driving after suspension, 
  1.4             revocation, and cancellation cases on condition that 
  1.5             the driver obtain reinstatement of driving privileges; 
  1.6             amending Minnesota Statutes 2000, section 171.24, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 171.24, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 8.  [STAY OF ADJUDICATION.] (a) Notwithstanding any 
  1.12  provision of section 609.132 to the contrary, when a person is 
  1.13  found guilty or enters a guilty plea for driving after 
  1.14  suspension, revocation, or cancellation of driving privileges in 
  1.15  violation of subdivision 1, 2, or 3, the court may, without 
  1.16  entering a judgment of guilty, stay adjudication of the offense 
  1.17  if: 
  1.18     (1) the person has not previously received a stay of 
  1.19  adjudication for a violation of subdivision 1, 2, or 3; 
  1.20     (2) the court determines that the person has the ability to 
  1.21  obtain reinstatement of driving privileges by remedying the 
  1.22  circumstance for which the person's driving privileges 
  1.23  originally were suspended or revoked or by complying with 
  1.24  section 171.29; 
  1.25     (3) the person agrees to seek reinstatement of driving 
  1.26  privileges; and 
  2.1      (4) the court schedules a sentencing hearing within 90 
  2.2   days, which time may be extended for good cause shown, to review 
  2.3   whether the person's driving privileges have been reinstated. 
  2.4      (b) At the hearing, if the court determines that the 
  2.5   person's driving privileges have been reinstated, the court may 
  2.6   dismiss the proceedings against the person, discharge the person 
  2.7   without adjudicating the person guilty of violating subdivision 
  2.8   1, 2, or 3, or set additional probationary conditions.  If the 
  2.9   court determines that the person has failed to obtain 
  2.10  reinstatement of driving privileges, or if the person fails to 
  2.11  appear at the hearing, the court may enter a judgment of guilty 
  2.12  for the violation of subdivision 1, 2, or 3. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 2001, and applies to 
  2.15  proceedings conducted on or after that date.