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Minnesota Administrative Rules

7409.2200 HABITUAL VIOLATORS.

Subpart 1.

In general.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction for a violation of a traffic law under Minnesota Statutes, chapter 169 or 171, or other statutes regulating the operation of motor vehicles on streets or highways, except traffic laws specifically excluded from the driving record by statute. The driver's license must be suspended for a period of:

A.

30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

(1)

four traffic offenses within a 12-month period; or

(2)

five traffic offenses within a 24-month period;

B.

90 days, if the person is convicted of:

(1)

five traffic offenses within a 12-month period; or

(2)

six traffic offenses within a 24-month period;

C.

180 days, if the person is convicted of seven traffic offenses within a 24-month period; or

D.

one year, if the person is convicted of eight or more traffic offenses within a 24-month period.

The commissioner shall send a warning letter or conduct a preliminary hearing under part 7409.4500 if the person is convicted of two misdemeanors or convicted of three or more traffic offenses, under this subpart, occurring within a 24-month period.

The warning letter must be sent by first class mail to the person's last known address or to the address listed on the person's driver's license, informing the person of the number and type of traffic violations on the person's driving record and the consequences of additional traffic violations.

Subp. 2.

License, permit, and endorsement violations.

The commissioner shall suspend the driver's license of a person for a period of 30 days upon receiving a record of conviction of two or more violations of Minnesota Statutes, section 169.974, subdivision 2; 171.02; 171.05; or 171.321.

Subp. 3.

Limited license violations.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction for violating a condition or limitation of a limited license under Minnesota Statutes, section 171.30, for a period of:

A.

30 days, if the person has no other convictions under that section within a five-year period;

B.

90 days, if the person has been convicted two times under that section within a five-year period;

C.

180 days, if the person has been convicted three times under that section within a five-year period; or

D.

one year, if the person has been convicted four or more times under that section within a five-year period.

Subp. 4.

Driving after withdrawal.

The commissioner shall suspend the driver's license of a person upon receiving a record of conviction under Minnesota Statutes, section 171.24. The driver's license must be suspended for a period of:

A.

30 days, if the person has no other incidents of driving after withdrawal within a five-year period;

B.

90 days, if the person has two incidents of driving after withdrawal within a five-year period;

C.

180 days, if the person has three violations of driving after withdrawal within a five-year period; or

D.

one year, if the person has four or more violations of driving after withdrawal within a five-year period.

Statutory Authority:

MS s 14.06; 169.792; 169.795; 169.798; 299A.01

History:

16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Published Electronically:

January 3, 2003

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569