1997 Minnesota Statutes

     169.129 Aggravated violations; penalty. 

    Subdivision 1.    Crime.  It is a crime for any person 
 to drive, operate, or be in physical control of a motor vehicle, 
 the operation of which requires a driver's license, within this 
 state or upon the ice of any boundary water of this state in 
 violation of section 169.121 or an ordinance in conformity with 
 it before the person's driver's license or driving privilege has 
 been reinstated following its cancellation, suspension, 
 revocation, disqualification, or denial under any of the 
 following:  

    (1) section 169.121, 169.1211, or 169.123; 

    (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 because of an alcohol-related incident; 

    (3) section 609.21, subdivision 1, clauses (2) to (6); 
 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 clauses (2) to (6); or subdivision 4, clauses (2) to (6). 

    Subd. 2.    Penalties.  (a) Except as otherwise provided 
 in paragraph (b), a person who violates subdivision 1 is guilty 
 of a gross misdemeanor. 

    (b) A person is guilty of an enhanced gross misdemeanor and 
 may be sentenced to imprisonment in a local correctional 
 facility for not more than two years or to payment of a fine of 
 not more than $3,000, or both, if the person violates 
 subdivision 1 and the person's driver's license or driving 
 privilege has been suspended, revoked, canceled, denied, or 
 disqualified two or more times within the past ten years under 
 any of the statutes listed in subdivision 1.  A person convicted 
 of an enhanced gross misdemeanor under this paragraph is subject 
 to the applicable mandatory penalties provided in section 
 169.121, subdivision 3d. 

    Subd. 3.    Prosecution.  The attorney in the 
 jurisdiction in which the violation of this section occurred who 
 is responsible for prosecution of misdemeanor violations of 
 section 169.121 shall also be responsible for prosecution of 
 violations of this section. 

    HIST: 1978 c 727 s 9; 1983 c 177 s 2; 1Sp1985 c 4 s 7; 1986 c 
 444; 1990 c 602 art 3 s 3; 1992 c 570 art 1 s 22; 1993 c 347 s 
 12; 1994 c 615 s 16; 1996 c 442 s 18; 1Sp1997 c 2 s 51