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
(1) has committed an offense for which mandatory revocation of license is required upon
(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
, 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
(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) The commissioner may not suspend the driver's license of an individual under paragraph
(a) who was convicted of a violation of section
, subdivision 1, whose license was under
suspension at the time solely because of the individual's failure to appear in court or failure to
pay a fine.
Subd. 2. Notice.
The department may not suspend a driver's license until 14 days after the
date on which the department mails to the licensee a written notice of the department's intent to
suspend the license, addressed to the licensee at the licensee's last known address, with postage
prepaid. Suspension of a driver's license shall take effect immediately upon a finding by the
commissioner, based on department records or other sufficient evidence, that a delay in the
effectiveness of the suspension poses a threat to public safety. The department shall immediately
notify the licensee of the suspension by mail, addressed to the licensee's last known address,
with postage prepaid.
Subd. 3. Hearing.
(a) The licensee may request, in writing, a hearing. The department shall
afford the requesting licensee an opportunity for a hearing within 20 days after receipt of the
request in the county where the licensee resides, unless the department and the licensee agree that
the hearing may be held in some other county.
(b) For the hearing, the commissioner may administer oaths and issue subpoenas for the
attendance of witnesses and the production of relevant books and papers, and may require a
reexamination of the licensee.
(c) Following the hearing, the department shall either rescind its order of suspension or, for
good cause shown, may extend the suspension of the license or revoke the license.
(d) The department shall not suspend a license for a period of more than one year.
History: (2720-145c) 1939 c 401 s 18; 1955 c 713 s 1; 1973 c 698 s 6; 1978 c 783 s 7;
1986 c 444; 1989 c 307 s 30; 1990 c 510 s 8; 1991 c 277 s 15; 1994 c 636 art 2 s 4; 1Sp1995
c 3 art 2 s 41; 1996 c 346 s 6,7; 1996 c 442 s 21; 2000 c 478 art 2 s 7; 1Sp2005 c 6 art 3 s
77; 2006 c 260 art 2 s 17