Inimical to Public Safety Crime in Minnesota
Minnesota will cancel a person’s driving privileges when there is “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.” This is more commonly referred to as being cancelled-inimical to public safety. And, if a person is caught driving with this driving status, they will face a gross misdemeanor criminal charge. We will discuss when a person is cancelled-inimical to public safety, what is required for a person to regain a valid license after being cancelled, and what the State must prove for this crime.
When Does the State Cancel Driving Privileges as Inimical to Public Safety?
The most common time a person faces this cancellation is following a third-or-more DWI within a ten-year period. When a person picks up their third within ten, the State cancels their driving privileges as inimical to public safety, leading to a lengthy cancellation period that includes numerous conditions and requirements that must be met in order to regain a valid driving status.
For the third DWI in ten years, the person’s license is cancelled for three years. The only option for driving is with enrollment in the ignition interlock program. Additionally, they can have no use of any alcohol for the three years — not just before or while driving; alcohol cannot be used ever in that time period. This is often referred to as a B-Card restriction. And the driver must complete alcohol treatment and submit proof thereof to the State. Any setback means the driver starts over.
For a fourth-or-more DWI in ten years, the cancellation period is 4-6 years in length with the same no use of alcohol, treatment, and ignition interlock requirements.
What Must the State Prove for the Driving After Cancellation-Inimical to Public Safety Crime?
As detailed earlier, it is a gross misdemeanor to drive a vehicle after cancellation-inimical to public safety. The State has only limited elements in order to prove this charge: (1) the driving privileges were cancelled-inimical to public safety; (2) the driver was given notice of or reasonably should have known of the cancellation; and (3) the cancelled person was driving.
The notice element can be proven by a certified record showing that the State mailed a letter noticing the cancelled driving privileges to the driver’s last registered address. So, it is critical that this piece of evidence be produced and disclosed during pre-trial discovery. Without it, the State may not be able to make its case and, frankly, can be easily overlooked.
Losing driving privileges and/or facing criminal charges is daunting. There is a lot required in order to get back on track and moving toward reinstatement. If you find yourself in this situation—especially if you are facing criminal charges —you need a criminal defense team that understands the nuances of this violation and how to get you through it in a manner that can avoid further complications to your license. The North Star team is exactly that team. Contact us today.