Legal Question in Criminal Law in Minnesota

Re: Careless Driving/DAS - How severe are the penalties?

The statute of limitations for prosecuting crimes would only be a defense if the government had not charged you with a crime within the prescribed time period. Since according to your account you charges have already been filed with the court, it does not look like that defense would work for you. (The shortest limitations period, I am aware of, for filing charges in Minnesota state cases is three years.)

If there is an arrest warrant out there on you, generally you can expect to get booked and processed through the jail, then taken to court within the required time period, generally within a few days exclusive of weekends and holidays. That first court appearance would be concerning "pre-trial release," including possible bail requirements, conditional release, etc. Sometimes the court will release a person, with or without bail or conditions, before getting to that court hearing. For some minor traffic offenses, a person can avoid jail by paying in cash to the court and getting a court date. It's up to the court which offenses they will do that for. You can call the Sheriff's Warrant Division to inquire about that (and whether there is a warrant).

If convicted of careless driving or driving after suspension ("DAS"), with no prior convictions, jail time would likely be little to none, with time hanging over your head for a year of "probation," plus fines, conditions, etc. (The maximum penalty for each misdemeanor sentence is 90 days jail and $1,000 fine.) A conviction for DAS would result in a minimum 30 day further drivers license revocation. It is always best to show up in court on such charges, with a currently valid MN drivers license, and valid insurance. For clients with those in place, and with no priors, we try to get an outcome where they do not have to plead to DAS, in order to avoid the additional drivers license revocation, which can result sometimes in a "merry-go-round" effect.

What I have said here is very general, and each specific case will be different. You would be better off with a good defense lawyer representing you. If interested, give me a call.