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Q: The police took my license. Can I
challenge this?
A: Yes! But you only
have 30 days from the Notice of Revocation date to do it. You need
an Implied Consent hearing. This will become a separate case from
your criminal DWI case.
Q: Can I do this myself? Should I?
A: You may represent
yourself. You must properly serve the proper State agency with a
proper copy of a Petition for Judicial Review, and properly file it,
with proof of service on the State, and with the proper filing fee,
in the proper district court. There are very specific facts which
must be in every petition and you must also specify the grounds upon
which you believe a judge should rescind the revocation and order
the Commissioner of Public Safety to reinstate your license. You
must have your witnesses and evidence ready at the hearing and
follow the rules of evidence and the rules of procedure to present
your case.
These rules are to
assure fairness in court proceedings, but obviously, going up
against the government's attorney without your own attorney will
feel very unfair. The government knows all the rules.
Q: I've heard the government always wins.
Is it worth it?
A: With the right
lawyer, yes. Not only might you get your license back, you might
also learn things at the Implied Consent Hearing that convince you
to re-think your strategy in your DWI criminal case.
You may also be
surprised to learn that the Implied Consent License Revocation that
stays on your record unless you challenge it can be used in
Minnesota to enhance any future DWIs to a gross misdemeanor or even
a felony - and this is true even if your current DWI is reduced to
careless driving, or even if it is dismissed, or you are acquitted
after a trial!
Since, today, the
license revocation alone hurts your insurance, gets you longer
revocations if you re-offend, gets you more jail time if you
re-offend, qualifies you for license plate loss and vehicle
forfeiture in the future - even if you win the criminal DWI case -
it certainly is "worth it" to try and win the revocation case. If
your lawyer disagrees, ask him or her why.
Q: How long are revocations?
A: First time test
result over .08 but under .20 brings 90 days minimum revocation, and
continues until you meet all the requirements for reinstatement. A
First time .20 or higher test result, or a child under 16 in the
vehicle, brings 180 days minimum revocation, plus meeting all
reinstatement requirements. Refusal to test brings a one-year
minimum revocation plus the reinstatement requirements. There are
other categories as well.
This information may not be used without written
permission.
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