Legal Question in Criminal Law in Minnesota

i was a passenger in a vehicle and was breathalized by a state trooper. and he told me that he was having my license cancelled. i was on probation for a felony dwi. but i was not driving a vehicle at all when my license was cancelled and i dont see anything in the iplied consent law that would validate the cancellation of my license or validate the state tropper having a reason to breathalize me. isnt that a violation of due process.


Asked on 2/14/24, 11:35 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

There should be a written document revoking, suspending or cancelling a driver's license in Minnesota. It could be given to the person by the p9olice officer or jailer. Or it could arrive in the mail, at the address on the license. Verbal notice would not be adequate. A person can call a "Driver Evaluator" at the Minnesota Department of Public Safety with questions about their driver's license status. Or the person could check the status of their driver's license (valid or invalid) on a web page of the Minnesota Department of Public Safety, by typing in their DL number. To say more would require more information about what happened. You may want to call a lawyer on the phone.

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Answered on 2/15/24, 7:45 pm


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