Legal Question in Traffic Law in Minnesota

Driving After Suspension 2nd Offense

My wife was recently pulled over for driving after suspension, her second one in two years. The sus. is the result of a traffic accident she was involved with 13 years ago when she was 20. She had no insurance at the time. The insurance company waited 11 years to ask MN to suspend her license for non-payment of the damage that was done to the other car. We contacted the insurance company to set up a payment plan and were successful in getting the license unsuspended. Last october the insurance company contacted us stating that if $200 wasn't recieved by November they would have her license sus. again. We immediately sent out a check that was cashed on Oct 31st. The issue was forgotten about until 3 weeks ago when my wife was pulled over again for driving after sus. Seems she was suspended since November. Contacted the insurance company and they stated that they had it suspended because we didn't contact them to set up a payment plan. We have now paid the debt in full since this incident and have proff of it from the ins company. Wife has heard horror stories of people going to jail for 4 to 10 days for this offense. Is this a possibility? Will the judge give her the benefit of the doubt since the debt was paid? Thanks.


Asked on 5/01/06, 5:12 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Driving After Suspension 2nd Offense

Jail time is always a possibility when a person receives a Driving after Suspension ticket, not less two. The charge is a misdemeanor with maximum penalties of $1000 anbd 90 days in jail. Obviously, those maximums are unlikely, but there are Judgew who are more likely to require some jail time. As a result, knowing understanding the Judge and his/her proclivities can be very important.

For a free consultation call us or visit our web site. www.criminal-law.tv

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Answered on 5/01/06, 5:17 pm
David Kelly-952-544-6356 Kelly Law Office

Re: Driving After Suspension 2nd Offense

One would hope that since the license is now reinstated, and since you have a plausible explanation, that a relatively favorable outcome could be reached by talking with the prosecutor.

You would be ill advised, however, to be doing that on your own. You should get a lawyer involved as soon as possible.

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Answered on 5/02/06, 11:23 am


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