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171.055.2(d)
Statute ID:
12866
Statute Function ID:
28199
Drivers' Licenses - Provisional License Violation; Operate between 12 a.m. and 5 a.m.
In Effect
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Function Details
History
Text
Charge
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
999
NIBRS Non-Reportable
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:
No
Petty Misdemeanor Only if Prosecutor Certifies:
Yes
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
171.055.2(d)
Enactment Date:
May 21, 2009
Effective Date:
Jun 9, 2009
Expiration Date:
Repealed?:
No
Summary Text:
Drivers' Licenses - Provisional License Violation; Operate between 12 a.m. and 5 a.m.
Statute ID:
12866
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:
2009 c165 s6; Correct to reflect new summary text from renumber.
Summary Text:
Drivers' Licenses - Provisional License Violation; Operate between 12 a.m. and 5 a.m.
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/171/055.html
Legislative Session:
2009 - Regular
Session Law Text?:
No
Statute text last updated on:
May 29, 2009
(a) A provisional license 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 provisional license 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. (b) If the holder of a provisional license during the period of provisional licensing incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more than one conviction for a moving violation that is not crash related, the person may not be issued a driver's license until 12 consecutive months have expired since the date of the conviction or until the person reaches the age of 18 years, whichever occurs first. (c) For the first six months of provisional licensure, a provisional license holder may not operate a motor vehicle carrying more than one passenger under the age of 20 years who is not a member of the holder's immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under the age of 20 years and who are not members of the holder's immediate family. This paragraph does not apply if the provisional license holder is accompanied by a parent or guardian. (d) For the first six months of provisional licensure, a provisional license holder may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when the license holder is: (1) driving between the license holder's home and place of employment; (2) driving between the license holder's home and a school event for which the school has not provided transportation; (3) driving for employment purposes; or (4) accompanied by a licensed driver at least 25 years of age.
