DAC on private property

CASE LAW UPDATE:  Whether a person cannot be guilty of driving after cancellation on private property?    

A sheriff’s deputy observed defendant, who had a cancelled drivers license, drive his vehicle in his mother’s driveway.  He arrested him for driving after cancellation as inimical to public safety.  The questions in this case are whether (1) the arrest was authorized; and (2) if not, whether evidence obtained after the arrest should have been suppressed.  The Minnesota Court of Appeals held that Minn. Stat. §171.24, subd. 5, which prohibits person from operating a motor vehicle after license cancellation, does not apply to person operating a motor vehicle on private property.  Conviction reversed.

State v. Velisek, A21-0275, Beltrami County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2022-02-17T06:07:20+00:00February 17th, 2022|Victories/Case Law Updates|0 Comments

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