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171.05.2b(c)
Statute ID:
12864
Statute Function ID:
28197
Drivers' Licenses - Instruction permit violation; drive while using cell or wireless telephone.
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
Traffic/Accidents(exclude DWI) (J) (Rank 28)
Detailed Offense Code:
Traffic/Transportation (499)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
Yes
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
Yes
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
171.05.2b(c)
Enactment Date:
May 21, 2009
Effective Date:
Jun 9, 2009
Expiration Date:
Repealed?:
No
Summary Text:
Drivers' Licenses - Instruction permit violation; drive while using cell or wireless telephone.
Statute ID:
12864
Created:
May 29, 2009 by mnjis.legal.analyst@state.mn.us
Updated:
May 29, 2009 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
Subdivision Renumbered - Changing text to match the renumber
Summary Text:
Drivers' Licenses - Instruction permit violation; drive while using cell or wireless telephone.
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/171/05.html
Legislative Session:
2009 - Regular
Session Law Text?:
No
Statute text last updated on:
May 29, 2009
(a) This subdivision applies to persons who have applied for and received an instruction permit under subdivision 2. (b) The permit holder may, with the permit in possession, operate a motor vehicle, but must be accompanied by and be under the supervision of a certified driver education instructor, the permit holder's parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside the permit holder. (c) The permit holder may not operate a vehicle while communicating over, or otherwise operating, a cellular or wireless telephone, whether handheld or hands free, when the vehicle is in motion. The permit holder may assert as an affirmative defense that the violation was made for the sole purpose of obtaining emergency assistance to prevent a crime about to be committed, or in the reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty misdemeanor subject to section 169.89, subdivision 2. (d) The permit holder must maintain a driving record free of convictions for moving violations, as defined in section 171.04, subdivision 1, and free of convictions for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit holder drives a motor vehicle in violation of the law, the commissioner shall suspend, cancel, or revoke the permit in accordance with the statutory section violated.
