Minnesota Driving After Cancelation - IPS (Explained)

The Minnesota Department of Public Safety (DPS) keeps your driving record --- it contains information about driving and licensing violations in the State of Minnesota, as well as in other states. They also have the ability to withdrawn your privilege to drive by suspending, revoking or cancelling it if you are found guilty of  following serious or frequent traffic violations.  This is a complicated charge ... and may require some assistance from an experienced Minnesota Criminal Defense Attorney.

If you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated.  Here is what to expect:

Driving After Cancellation

Driving after cancellation (DAC) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driver’s license or driving privileges cancelled and been given notice of the cancellation, but disobeys the order by operating any motor vehicle while the person’s license or privilege is cancelled. It is also the most serious offense as it often relates to the driver having a number of driving while impaired violations.
 
Why your license may be cancelled:

• Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
• Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
• Give false or misleading information on your license application;
• Commit a crime for which cancellation of your license is a legal punishment;
• Do not qualify for a driver’s license under Minnesota law

DAC can be charged either as a misdemeanor or a gross misdemeanor depending on the reason for the cancellation in the first place. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

If the driving privilege was cancelled as inimical to public (DAC - IPS) safety as a result of multiple DWI convictions, the subsequent DAC will likely be charged as a gross misdemeanor.

If the DAC is charged as a gross misdemeanor you will face up to a year of jail time and a $3,000 fine per count. 

Similarly, if you plead guilty to or are convicted of driving after cancellation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAC.



  

If you need help with a DAC-IPS charge, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Hennepin County Driving After Suspension (Explained)

The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.  

As  a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem.  Hopefully some of the information that I have offered here helps.  If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.

Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Drunk Driving arrest or conviction. 

The Law

These offenses are governed by Minnesota Statute 171.24, which reads:

[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; 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 suspended, revoked, or canceled. 

If the “person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… 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.” 

Consequences

If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much steeper.  

Minnesota Statute 168.041 subdivision 2 states, 

If a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.   

Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to a third party.  If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165

DAC-IPS (Explained)

DAC-IPS = Driving After Cancelation - Inimical to Public Safety

In Minnesota, a driver is declared inimical to public safety often after their third DWI offense.  Inimical to public safety essentially means “completely unable to control a vehicle without endangering others.”  Drivers must go through a difficult and prolonged chemical dependency treatment in order to have their driving privileges reinstated.  In addition, that renewed license will be subject to a B-Card restriction — meaning any use of alcohol by the driver will invalidate his or her license, even if they aren’t driving when discovered to be drinking.  If there is a violation, there are subsequent rehabilitation periods that can last several years depending upon the number of DWI’s the driver has.  Rehabilitation will require complete abstinence, affidavits from people who can attest to the same, and a lot of time devoted to dependency groups.

Why is the State doing this?  The State has recognized that it is impossible to get people to stop drinking, even if they know they have a problem and want to stop it.  So the State simply assumes that people with alcohol addiction are always driving intoxicated.  The remaining option is to take away the driver’s license, or at least make it very difficult to keep while still suffering from the effects of alcohol.  1 in 7 Minnesotans has a DWI.  Of the people who get a first, only 10% get a second.  But of the people who get a second, 60% get a third.  The State has thrown the repeat offenders into very specific grouping as a way to identify and keep track of this specific population.

Nearly every client of an experienced Minnesota Criminal Defense Attorney says the same thing — they can handle the criminal consequences of DWI, but it’s the license sanctions that are the real punishment.  Try not driving for six years and see how easy it isn’t.  If you have been charged with a DAC-IPS offense, there are ways to reduce the impact and potentially maintain your license — but you must talk with an attorney in order to find out if these options are available to you.

Still Confused?

If you want help with a criminal case, call the Rolloff Law Office - today - at (612) 234-1165