Legal Question in Credit and Debt Law in Minnesota

I had a dwi in mn may 24 2009, that was 18 months ago...why is it that a revocation that is supposed to be immediate starts dec 20 2010...who screwed up? the police, court or the DVS?? and how do I straighten it out? The way it sits, My sober date and treatment significantly before my revocation / cancellation.That will look odd to say the least when I go to get reinstated don't you think?? what should I do?? In mn all every state dept just passes the buck or I get different answers from the same departments....I cant get any answers from anyone about this and I shouldnt have to get a lawyer because someone didnt do their job. and public defenders are useless and dont address these issues


Asked on 12/20/10, 8:20 pm

1 Answer from Attorneys

Eighteen months is an usually long time, but I am not aware of any law or rule that states that the revocation has to be immediate. Sometimes a delay is the result of Dept. of Public Safety waiting for test results (i.e. blood, urine). Neither the court nor the public defender screwed up. The court almost always leaves the revocation up to the DPS. Public defenders have nothing to due with civil matters, and that is what this is. The police may have forgotten to forward the matter to the DPS, but even if they did it's not under their control any more.

Questions:

Did you receive the notice of revocation in May 2009 or December 2010? If you had a valid license up until now, you probably are out of luck. If you receive the notice in May 2009 you may have an argument.

Why didn't you address this before now? It does not sound as if you thought your license was revoked. Otherwise, you probably would have tried to get a limited license before now and you did not mention that fact. Further, revocation periods are usually not more than a year (or your license would probably have been canceled). You did not mention that you tried to get your license back in May or April this year. So I am guessing you knew that you license had not been revoked or canceled.

Also, you did not mention what happened in the criminal case. The court will notify the DPS after a conviction. Sometimes this will reduce the revocation period to 30 days (i.e. first offense < .20). You did mention cancellation. Was your license revoked or canceled?

I do not know what your sober date or treatment have to do with this matter or why it would look odd or to who.

In conclusion, if you did not receive notice of the revocation until recently and were hoping they forgot about you, you are probably out of luck. If you did receive notice in May 2009 and have not been driving you probably have an argument. The Department of Public Safety is the only department you should have to deal with, it is in charge.

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Answered on 12/30/10, 2:25 pm


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