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Nate, Attorney
Category: Traffic Law
Satisfied Customers: 10685
Experience:  Eight years of fighting traffic infractions.
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I parked in a private driveway (not mine) Thursday Evening.

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I parked in a private driveway (not mine) Thursday Evening. A neighbor called the police.
The police showed up and asked me what I and my lady friend were doing. I told him we were just talking. He did not believe me, Asked me and my friend to get out of the car. They proceeded to search my truck several times and found nothing. They did not ask for permission to search it, and I did not give them permission. I was then placed under arrest for Driving After Cancellation Anicable To Public Safety. Apparently, my Valid Wisconsin Drivers License is valid everywhere in the world except MN. This was due to an old DUI 7 or 8 years ago. I was unaware of this as I paid all the fines and reinstatement fees years ago and was unaware of my DL status in MN. I will get that resolved. I don't have a problem with that. But I do have a problem with this citation. I was in the drivers seat when the officer approached, and the keys were in the ignition. However, the truck was shut off and I was on private property. My question is can I get this charge dismissed? It is a gross misdemeanor and I need my license for my job.
I am not some punk kid trying to get away with something. I am a 52 year old man with a Construction management career that requires extensive travel.
Thank you for your question. Be sure to go ahead and bookmark for future questions.

The statute you have been charged under does have a potential loophole. What else would have needed to be done in order to have re-obtained your driving privileges in Minnesota that was not done in addition to the fines and reinstatement fees?
Customer: replied 3 years ago.

What the state told me was I need to provide proof of attendance to an abstinence based support group for 3 months and written statements from 5 people I see regularly stating that I do not drink. And an alcohol assessment. I got the ticket for DUI when I had a MN license, but moved to Wisc. (where I was issued the citation) Before the court date and subsequent conviction. I met all of The Wisc. state requirements and paid all fines and reinstatement fees in both states.

In that case, you may be the unlucky victim of a clerical error.

Cross border driver license issues are always a little messy. What initially happened here is that Wisconsin suspended your driving privelege / license, and Minnesota recognized that and did the same. In most situations, once your privileges are reinstated in the offending state, the issuing state will ractivate the license. For some reason, that did not happen here.

The actual statute language for Driving After Cancellation Inimical To Public Safety states as follows:

(1) the person's driver's license or driving privilege has been canceled or denied under section 171.04, subdivision 1, clause (10);

(2) the person has been given notice of or reasonably should know of the cancellation or denial; and

(3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver's license, while the person's license or privilege is canceled or denied.

Reference: Minnesota Statute 171.24

Your defense lies in paragraph 2, in that you reasonably believed that your driving privileges had been reinstated. This can be shown by proof from the Wisconsin DMV's showing of your driving privileges being active and any proof you have from paying the reinstatement fees and completing all other requirements. I know it's been some time, but you can always refer back to your court file in Wisconsin if need be. The clerk will have that in storage in the county where you were convicted.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.


Customer: replied 3 years ago.

My question then is: Do I take this information to the district attorney myself and talk to he or she in person, or hire an attorney to represent me? This mess can have grave consequences to my career.

I suggest because of the nature of your career that you take no chances. Hire a local attorney who is familiar with the prosecutor and the judges. In addition to what I previously noted, doing that is the best thing you can do in order to get this dismissed.
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