There are real world implications for those holding a Commercial Driver’s License (CDL) who receive traffic tickets. For CDL holders, receiving two or more “serious traffic” violations in a three year period while operating their commercial motor vehicle could entail disqualification from operating their commercial motor vehicle. These “serious traffic violations” can include excessive speed, reckless driving, erratic lane changes,...
The short answer is it depends. If one of the following circumstances are present, your driver’s license could be revoked, suspended, or cancelled. A conviction involving an offense with any of the following circumstances will result in a revocation of your driver’s license. The revocation period will vary depending on the offense and can be found in the links provided....
A person who is allowed to drive in Minnesota (as a licensed driver from Minnesota or as a driver licensed from another state) can lose their privilege to drive in the state of Minnesota in various ways for committing various offenses. Minnesota can take three actions on a driver’s privilege to drive—suspension, revocation, or cancellation. A suspension is the least...
Yes, any obstruction in your windshield area or rear-view mirror area is a violation of Minnesota Statute § 169.71.1(a)(2). The exact language says, “a person shall not drive or operate any motor vehicle with any objects suspended between the driver and windshield.” The statute also prohibits cracks in a windshield which limit or obstruct proper vision, and any signs or...
Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...
The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II controlled substance (except marijuana), or...
The Minnesota Legislature changed a provision of the DWI laws pertaining to a deadline for filing challenges to driver’s license withdrawals. Specifically, when one is arrested on probable cause of driving while impaired and either refuses or fails a breath test, the driver is supposed to be notified of a loss of driving privileges, which is an administrative penalty. Of...
“I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription. But in order to be...
Who knows?! The constitutionality of license plate readers has yet to be challenged head on. Federal courts have decided that scans by license plate readers are constitutional searches that do not require a warrant because the plates are out in public, plain view and so there is no reasonable expectation of privacy. U.S. v. Diaz-Castaneda, 494 F.3d 1146, (9th Cir....
First of all, if you are reading this while driving, PLEASE STOP. You should never do anything while driving that could distract and put you at risk of an accident. We are all guilty of this on some level. Changing the radio station or talking with passengers while driving is distracting, but certainly not illegal. Talking on your phone while...
