§
Subdivision 1.Offenses.
(a) Subject to section 171.16, the commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 171.16, subdivision 3a;
(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges;
(12) has been found to have committed an offense under section 169A.33; or
(13) has paid or attempted to pay a fee required under this chapter for a license or permit by means of a dishonored check issued to the state or a driver's license agent, which must be continued until the registrar determines or is informed by the agent that the dishonored check has been paid in full.
However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation of the court when made in connection with the prosecution of the licensee.
(b) The commissioner is prohibited from suspending the driver's license of an individual who meets any of the conditions described in paragraph (a) due to a conviction for a violation of section 171.24, subdivision 1 or 2.
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Subd. 2.Notice.
The department may not suspend a driver's license until 14 days after the date on which the department mails to the licensee a written notice of the department's intent to suspend the license, addressed to the licensee at the licensee's last known address, with postage prepaid. Suspension of a driver's license shall take effect immediately upon a finding by the commissioner, based on department records or other sufficient evidence, that a delay in the effectiveness of the suspension poses a threat to public safety. The department shall immediately notify the licensee of the suspension by mail, addressed to the licensee's last known address, with postage prepaid.
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Subd. 3.Hearing.
(a) The licensee may request, in writing, a hearing. The department shall afford the requesting licensee an opportunity for a hearing within 20 days after receipt of the request in the county where the licensee resides, unless the department and the licensee agree that the hearing may be held in some other county.
(b) For the hearing, the commissioner may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.
(c) Following the hearing, the department shall either rescind its order of suspension or, for good cause shown, may extend the suspension of the license or revoke the license.
(d) The department shall not suspend a license for a period of more than one year.
Notes of Decisions
Anderson v. Comm'r of Highways, 126 N.W.2d 778 (Minn. 1964).
· cites it 5× “We are of the view that in carrying out the legislative purpose of securing highway safety, the commissioner may properly consider driver’s license laws to be “traffic laws” within the meaning of § 171.18. Moreover, it should be noted that § 171.”
Pruszinske v. State, 330 N.W.2d 887 (Minn. 1983).
· cites it 8× “In any case where a person’s license has been suspended under section 171.18 or revoked under sections 169.”
Mickelson v. Am. Fam. Mut. Ins. Co., 329 N.W.2d 814 (Minn. 1983).
· cites it 4× “Mickelson has a very poor driving record which includes seven moving traffic violations between May 1976 and October 1980 and a 30-day suspension of his driver's license as a habitual violator under Minn. Stat. § 171.18 , subd. 4 (1982). In her application for the automobile…”
State v. McDonnell, 686 N.W.2d 841 (Minn. Ct. App. 2004).
· cites it 9× “The district court found that because the license suspensions for underage drinking and driving occurred pursuant to Minn.Stat. § 171.18 (2002), the suspensions are prior impaired driving-related losses of license under Minn.”
Hintz v. Comm'r of Pub. Saf., 364 N.W.2d 486 (Minn. Ct. App. 1985).
· cites it 4× “In any ease where a person’s license has been suspended under section 171.18 or revoked under sections 169.”
State v. Moseng, 95 N.W.2d 6 (Minn. 1959).
· cites it 2× “Section 171.18 gives the commissioner the authority to suspend the license of any driver without preliminary hearing upon showing by department records or other sufficient evidence that the licensee has violated certain state laws.”
State v. Stoskopf, 644 N.W.2d 842 (Minn. Ct. App. 2002).
· cites it 6× “09 (B card) is governed by the notice and hearing requirements under Minn. Stat. § 171.18 , subds. 2, 3 (2000).”
State v. Green, 351 N.W.2d 42 (Minn. Ct. App. 1984).
· cites it 2× “18 (1982), the department is only required to notify an individual of suspension “by depositing in the United States Post Office a notice addressed to the licensee at his last known address, * * The important question is whether there has been shown a willful violation of Minn.”
State v. Duesterhoeft, 311 N.W.2d 866 (Minn. 1981).
“A driver’s license may be revoked for a period of 30 to 90 days for driving while under the influence, Minn.”
City of St. Paul v. Vaughn, 237 N.W.2d 365 (Minn. 1975).
“A driver’s license may be revoked for a period of 30 to 90 days for driving while under the influence, Minn.”
Norman v. Comm'r of Pub. Saf., 404 N.W.2d 315 (Minn. Ct. App. 1987).
· cites it 4× “Subdivision 3 requires the Commissioner to grant limited licenses restricted to the vehicles whose operation is permitted only under a Class A or Class B license whenever a Class A or Class B license has been suspended under section 171.18, or revoked under section 171.”
Pierce v. State, 304 N.W.2d 332 (Minn. 1981).
· cites it 10× “30 (1980) provides that when a license has been suspended pursuant to section 171.18, a limited license can be issued to the driver.”
Minn. Stat. § 171.18(1): 2 cases
Pierce v. State, 304 N.W.2d 332 (Minn. 1981).
“30 (1980) provides that when a license has been suspended pursuant to section 171.18, a limited license can be issued to the driver.”
Minn. Stat. § 171.18(3): 1 case
Anderson v. Comm'r of Highways, 126 N.W.2d 778 (Minn. 1964).
“We are of the view that in carrying out the legislative purpose of securing highway safety, the commissioner may properly consider driver’s license laws to be “traffic laws” within the meaning of § 171.18. Moreover, it should be noted that § 171.”
Minn. Stat. § 171.18(4): 2 cases
Anderson v. Comm'r of Highways, 126 N.W.2d 778 (Minn. 1964).
“We are of the view that in carrying out the legislative purpose of securing highway safety, the commissioner may properly consider driver’s license laws to be “traffic laws” within the meaning of § 171.18. Moreover, it should be noted that § 171.”
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