[MN] [MN] How do I handle a misdemeanor license citation?
Under Minnesota law, once a person establishes residency in the state, they are generally required to obtain a Minnesota driver’s license within 60 days. (MN Stat § 171.03(h))
However, being honest about your situation and presenting an active Arizona license—especially during a routine traffic stop—should not, in and of itself, result in criminal charges if there was no intent to deceive. If you were cited with a misdemeanor instead of a correct administrative infraction (such as failing to obtain a Minnesota license within the statutory period), that could raise due process and overcharging concerns.
Here are a few potential options you may want to consider:
Obtain the Ticket and Court Records: Secure a full copy of the citation, police report, and any plea or payment documentation. This will clarify what statute you were charged under and whether the officer recorded any justification for the charge.
Request Dashcam/Bodycam Footage: If you were cooperative and fully disclosed your license status, the footage (if preserved) could support your claim that there was no intent to mislead and that the officer was aware of your circumstances.
Motion to Reopen or Expunge: If the citation was resolved by plea or payment but resulted in a misdemeanor record, you may be eligible to file a motion to reopen the case or petition for expungement, particularly if you were mischarged or if the record is affecting your driving privileges or reputation.
Challenge the Driving Privilege Suspension: Contact the Minnesota Department of Public Safety (DPS) immediately and request details regarding the suspension of your Minnesota driving privileges. You may be able to request an administrative hearing to contest the basis of the suspension if it was caused by an improper charge or lack of notice.
Civil Claim for Damages: If you can demonstrate that the officer’s conduct amounted to a constitutional violation—such as false charges without probable cause—you may have a potential civil rights claim under 42 U.S.C. § 1983 for damages. However, these cases are complex and typically require clear evidence that the officer knowingly misrepresented the situation.
Given your situation, it would be highly advisable to consult a local Minnesota criminal defense attorney, particularly someone experienced in traffic and civil rights matters. They can review the documentation, assist in obtaining video evidence, and determine if there's a viable path toward record correction or civil remedy. You can search for qualified attorneys in your area at www.avvo.com.
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A Shakopee police officer falsely charged me for a misdemeanor that I didn’t commit. I should have been charged for not having an MN license, as I had an active AZ license, but lived full-time in MN and was honest with the officer immediately (I’d assume/hope his camera was on during the speeding traffic stop). What are my options? Now, because of this, I found out MN temporarily suspended my driving privileges in MN. I, without question, want to receive damages for this.
Lexi, Chatbot
I'm sorry to hear about the situation you're facing. Were you able to provide any documentation to the officer to prove that you had an active Arizona driver's license at the time of the incident?
Absolutely! Immediately when asked for my license, proof of insurance and registration. I was immediately honest to his face saying I DO live in Minnesota as my primary, and understand I need to/should have changed my license and own that.
I said I travel all over, have houses all over as I’m a real estate investor and am born and raised in AZ, it’s where my family is so I go there often.
Lexi, Chatbot
Have you already contacted a lawyer or any legal authorities regarding this issue?
No because I just found this out when I opened a mail from few months ago. I’m getting organized to move from MN to TX. I just opened the mail and am reaching out now for urgent help to get this cleared up.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your situation.
No
Blake
Hello, my name is Blake and I am a licensed attorney - I will be happy to help you today! All I ask is that you please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship or constitute legal advice.
THIS ENTIRE DISCUSS SHOULD BE CONSIDERED GENERAL LEGAL INFORMATION ONLY AND MAY NOT BE RELIED UPON AS ADVICE.
You must hire an attorney if you need legal advice for your specific situation. Your question is important, and I'll provide a helpful response as soon as possible. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone that you can understand. Together, we'll find the best solutions for your needs.
Let's get started! First of all, how long ago did this happen, and where was it located?
In Shakopee. Happened Aug timeframe of last year. I will confirm when I can pull the ticket and the court fee invoice.
Blake
Thank you for sharing that—it sounds like you’ve been dealing with a very frustrating and unjust situation, and I want to emphasize that I completely understand how upsetting it must feel to be wrongfully charged and penalized for something that could have been addressed appropriately from the start.
Blake
Under Minnesota law, once a person establishes residency in the state, they are generally required to obtain a Minnesota driver’s license within 60 days. (MN Stat § 171.03(h))
However, being honest about your situation and presenting an active Arizona license—especially during a routine traffic stop—should not, in and of itself, result in criminal charges if there was no intent to deceive. If you were cited with a misdemeanor instead of a correct administrative infraction (such as failing to obtain a Minnesota license within the statutory period), that could raise due process and overcharging concerns.
Here are a few potential options you may want to consider:
Obtain the Ticket and Court Records: Secure a full copy of the citation, police report, and any plea or payment documentation. This will clarify what statute you were charged under and whether the officer recorded any justification for the charge.
Request Dashcam/Bodycam Footage: If you were cooperative and fully disclosed your license status, the footage (if preserved) could support your claim that there was no intent to mislead and that the officer was aware of your circumstances.
Motion to Reopen or Expunge: If the citation was resolved by plea or payment but resulted in a misdemeanor record, you may be eligible to file a motion to reopen the case or petition for expungement, particularly if you were mischarged or if the record is affecting your driving privileges or reputation.
Challenge the Driving Privilege Suspension: Contact the Minnesota Department of Public Safety (DPS) immediately and request details regarding the suspension of your Minnesota driving privileges. You may be able to request an administrative hearing to contest the basis of the suspension if it was caused by an improper charge or lack of notice.
Civil Claim for Damages: If you can demonstrate that the officer’s conduct amounted to a constitutional violation—such as false charges without probable cause—you may have a potential civil rights claim under 42 U.S.C. § 1983 for damages. However, these cases are complex and typically require clear evidence that the officer knowingly misrepresented the situation.
Given your situation, it would be highly advisable to consult a local Minnesota criminal defense attorney, particularly someone experienced in traffic and civil rights matters. They can review the documentation, assist in obtaining video evidence, and determine if there's a viable path toward record correction or civil remedy. You can search for qualified attorneys in your area at www.avvo.com.
Blake
Does this answer your question and do you understand the answer completely?
Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
Yes, thank you. Gave me the needed start point as I, without question, will hire a traffic attorney and I can promise this will be an easy case as it’s black and white.
I was very clear and honest from the start and had no idea even with the prosecutor when I went to court and agreed to what I thought was an easy minimal plea. Come to find out in the mail, it was the opposite.
I showed up at the court on time, paid the agreed traffic settlement fees/fines right at courthouse after court.
Blake
You're very welcome, and I truly appreciate you sharing those additional details. I absolutely understand how frustrating it is to find out after the fact that what you believed was a routine traffic resolution has turned into a misdemeanor on your record—especially when you were transparent and cooperative throughout the process.
Unfortunately, it's not uncommon for individuals without legal representation to agree to a plea deal without being fully informed of the long-term consequences, particularly when court staff or prosecutors present it as a "minor infraction." This is precisely why having an attorney—especially someone who handles traffic and misdemeanor matters regularly—is so important to ensure your rights are protected and the outcome aligns with the reality of the situation.
Because you showed up for court, paid the fine immediately, and genuinely believed you were resolving a basic infraction, there's a good argument that you did not knowingly or voluntarily waive your rights in entering into that plea. This opens the door for filing a motion to withdraw the plea or motion to vacate the conviction, especially if it turns out the offense was misclassified or there was a lack of proper advisement regarding the nature and consequences of the plea.
You are absolutely on the right track in planning to hire a local traffic or criminal defense attorney in Minnesota. They will be able to:
- Review the transcript or court minutes (if available),
- Examine what was said and agreed to at the time of the plea,
- Determine whether you were advised of your rights and the implications of the conviction,
- Evaluate whether the court or prosecutor misled you (even unintentionally), and
- Help you file the appropriate motion for relief.
If successful, this could not only clear your record but also support any necessary requests to reverse the driver’s license suspension through the MN Department of Public Safety.
You’re clearly organized, aware, and ready to take action, which will help your attorney build the strongest possible case. If you haven't already, make sure to keep all court receipts, letters from DPS, and any documents related to the plea and conviction—those will be critical.
Again, you can search for a qualified attorney at www.avvo.com by entering your ZIP code and searching under "traffic violations" or "criminal defense."
Blake
Does this answer your question and do you understand the answer completely?
Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
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