Consequences for Driving After Revocation, Cancellation, or Suspension

Driving after revocation, cancellation, or suspension are misdemeanor offenses, subjecting a person to a maximum of 90 days in jail and up to a $1,000.00 fine. The elements the State must prove for each of these offenses is the same:

  1. The driver had a revoked, cancelled, or suspended driver’s license;
  2. The driver must have been given notice of or reasonably should have known that their driver’s license was revoked, cancelled, or suspended; and
  3. The driver was operating a motor vehicle.

In order to prove the sufficiency of the notice, the State must prove that a notice from the Dept. of Public Safety, Driver and Vehicle Services division was personally served or sent via first-class mail to the last known address of the driver. The State must get this record in order to prove these charges.

When faced with one of these charges, the criminal consequences of potential jail time, but likely community service, and a fine are often less severe than the collateral consequences in the form of a further loss of your license.

As detailed in this blog, a driver may lose his or her license based upon the number of prior traffic violations within a 12- or 24-month window. But, if a driver is convicted of one of the misdemeanor offenses listed above (referred to collectively as “driving after withdrawal”), he or she faces immediate suspension of their driving privileges. The duration of said suspension is based, again, upon the number of priors within a five-year window:

  1. 30 days if the driver has no prior driving after withdrawal convictions within a five-year period;
  2. 90 days if the driver has two incidents of driving after withdrawal;
  3. 180 days if the driver has three violations of driving after withdrawal; or
  4. 1-year if the driver has four or more violations of driving after withdrawal.

It is critical that anyone facing a driving after withdrawal type charge to fight the case and/or negotiate for a more favorable resolution. All traffic tickets are negotiable. And even though a negotiated resolution may involve a plea to a different crime, it still will likely be a more favorable resolution by avoiding further suspension to your driver’s license. Particularly when you have taken the time to get a valid driver’s license since the date of the offense, pleading guilty to one of these offenses just starts the vicious cycle of having a suspended license all over.

Contact an experienced Minnesota traffic ticket attorney immediately to help you get that favorable resolution.