SF 884

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to drivers' licenses; modifying provision relating to driver's license
suspension; amending Minnesota Statutes 2008, section 171.18, subdivision 1.

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 169.92 or 171.16, subdivision 2, or any
other law, new text end the commissioner may not suspend the driver's license of an individual under
paragraph (a) new text begin , with the exception of a suspension under clause (3) or (4) of that paragraph, new text end
who was convicted of a violation of new text begin :
new text end

new text begin (1) new text end section 171.24, subdivision 1, deleted text begin whose deleted text end new text begin if the new text end 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 begin . deleted text end new text begin ;
new text end

new text begin (2) section 171.24, subdivision 1, 2, 3, or 4, if the violation was certified by the
prosecutor as a petty misdemeanor under section 609.131, subdivision 1, or if the
conviction was entered as a petty misdemeanor; or
new text end

new text begin (3) section 169.791, 169.792, or 169.797, if the violation was certified by the
prosecutor as a petty misdemeanor under section 609.131, subdivision 1, or if the
conviction was entered as a petty misdemeanor.
new text end