Legal Question in DUI Law in Minnesota

driving after cancellation minnesota

I was ticketed for driving after cancellation last week. I am still on probation for a 4 year old dui. What should I do????? Totally freaking out !!!!!!!!!!!!


Asked on 3/17/09, 11:05 am

3 Answers from Attorneys

John Arechigo Arechigo & Stokka, LLP

Re: driving after cancellation minnesota

I think your neighbor may have just posted a question about your situation. Below is my answer, based on the information that was provided.

Based on the information provided, it is a little hard to understand what your original DWI charge was and why your license would have been canceled this long. However, if it was a more serious DWI charge, your license may have been canceled as Inimical to Public Safety. If that's the case, then there are a few possible consequences.

First, depending on the county this happened in and the prosecutor handling the case, it very well could be charged as a violation of her probation. Also, a general condition of a DWI probation is that the person can only drive with a valid license. This may also trigger a violation. Now, just because it may be treated as a violation of your probation, does not necessarily mean that you will automatically be sent to jail to serve some or all of you sentence that was originally imposed. A number of different factors can come into play, beginning with the reason you were initially stopped by law enforcement.

Second, if your driver's license was canceled as Inimical to Public Safety, this could trigger a longer license cancellation period, as well as more onerous requirements for eventually obtaining driving privileges.

If you would like to further discuss any of these issues, please feel free to contact me.

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Answered on 3/17/09, 11:17 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: driving after cancellation minnesota

Most judges would likely consider "Driving after Cancellation" crime to be a violation of a condition of probation for a DWI convcition. Though these are tough cases, there things that can be done to help.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html

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Answered on 3/19/09, 8:57 pm
David Kelly-952-544-6356 Kelly Law Office

Re: driving after cancellation minnesota

You need to hire a competent lawyer to reveiw your entire situation and to try and package up all the problems you have into one bundle.

The penalties tend to be less if one can arrange to have the entire thing heard all at once in front of the same judge - instead of separate hearings on each legal problem at different times in front of different judges. It's not always possible, but that's what I usually try to do.

This is for general information purposes only and does not create an attorney-client relationship.

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Answered on 3/18/09, 11:37 am


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