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[MN] [MN] My driving privileges were temporarily suspended because a police officer falsely charged me for a misdemeanor. What can I do?

A Shakopee police officer falsely charged me for a misdemeanor I didn’t commit. I should have been charged only for not having a Minnesota license — I had an active Arizona driver’s license but was living full time in MN and was honest with the officer immediately. (I’d assume/hope his camera was on during the traffic stop.) What are my options?

Now I’ve found out that Minnesota temporarily suspended my driving privileges. I want to receive damages for this.

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Blake
Blake

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Under Minnesota law, once a person becomes a resident, they must obtain a MN driver’s license within 60 days. However, being honest about your status and presenting an active Arizona license should not have led to a criminal misdemeanor if there was no intent to deceive.

If you were cited with a misdemeanor instead of the correct administrative violation (failure to obtain a MN license), that raises concerns about overcharging or lack of probable cause.

Here are your best next steps:

1. Obtain Records

  • Get a copy of the citation, police report, and any court records or payment receipts.
  • These will show exactly what statute you were charged under and whether there’s justification for that charge.

2. Request Dashcam / Bodycam Footage

  • If the officer’s camera was active, the footage may show that you were polite, cooperative, and transparent about your Arizona license and residence.
  • This evidence can help prove you were mischarged and had no intent to break the law.

3. Motion to Reopen or Expunge

  • If you paid the fine believing it was a minor infraction but it turned out to be a misdemeanor conviction, you can file a motion to reopen or petition for expungement.
  • A court may grant this if you were misinformed, mischarged, or unaware of the consequences.

4. Challenge the License Suspension

  • Contact the Minnesota Department of Public Safety (DPS) immediately.
  • Ask for details about the suspension of your driving privileges and whether you can request an administrative hearing.
  • If the suspension stems from a wrongful or misclassified offense, your attorney can move to have it lifted.

5. Civil Claim for Damages

  • If you can show the officer acted without probable cause or knowingly charged you with the wrong offense, you might have a civil rights claim under 42 U.S.C. § 1983 for false charge or abuse of authority.
  • These cases require solid evidence (like camera footage or a clear misapplication of law) and usually the help of a civil rights attorney.

Given what you’ve described — full honesty, proof of a valid out-of-state license, and cooperation — this is very likely resolvable. I recommend hiring a Minnesota traffic or criminal defense attorney right away. They can:

  • Review the original case file,
  • Obtain bodycam footage,
  • File a motion to reopen or vacate the misdemeanor, and
  • Work to reverse the license suspension.

You can find qualified attorneys through www.avvo.com or the Minnesota State Bar Association’s Lawyer Referral Service.

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A Shakopee police officer falsely charged me for a misdemeanor I didn’t commit. I should have been charged only for not having a Minnesota license — I had an active Arizona driver’s license but was living full time in MN and was honest with the officer immediately. (I’d assume/hope his camera was on during the traffic stop.) What are my options?

Now I’ve found out that Minnesota temporarily suspended my driving privileges. I want to receive damages for this.

Lexi

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?

Absolutely! Immediately when asked for my license, proof of insurance, and registration. I was upfront and told him I do live in MN as my primary residence and understand I should have changed my license. I also explained that I travel frequently, have homes in multiple states since I’m a real estate investor, and I’m from Arizona originally where my family lives.

Lexi

Lexi, Chatbot

Have you contacted a lawyer or any legal authorities about this yet?

No, I just found out when opening mail from a few months ago while preparing to move from MN to TX. I just opened it and am urgently reaching out for help to get this cleared up.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

Yes.

Blake

Blake

Hello, my name is Blake, and I’m a licensed attorney. I’ll be happy to help you today! Please note this discussion is general legal information only and does not create an attorney-client relationship.

Your question is important, and I’ll make sure to explain everything clearly.

First of all, how long ago did this happen, and where exactly?

In Shakopee. It happened around August last year. I’ll confirm the exact date once I pull the ticket and court payment receipt.

Blake

Blake

Under Minnesota law, once a person becomes a resident, they must obtain a MN driver’s license within 60 days. However, being honest about your status and presenting an active Arizona license should not have led to a criminal misdemeanor if there was no intent to deceive.

If you were cited with a misdemeanor instead of the correct administrative violation (failure to obtain a MN license), that raises concerns about overcharging or lack of probable cause.

Here are your best next steps:

1. Obtain Records

  • Get a copy of the citation, police report, and any court records or payment receipts.
  • These will show exactly what statute you were charged under and whether there’s justification for that charge.

2. Request Dashcam / Bodycam Footage

  • If the officer’s camera was active, the footage may show that you were polite, cooperative, and transparent about your Arizona license and residence.
  • This evidence can help prove you were mischarged and had no intent to break the law.

3. Motion to Reopen or Expunge

  • If you paid the fine believing it was a minor infraction but it turned out to be a misdemeanor conviction, you can file a motion to reopen or petition for expungement.
  • A court may grant this if you were misinformed, mischarged, or unaware of the consequences.

4. Challenge the License Suspension

  • Contact the Minnesota Department of Public Safety (DPS) immediately.
  • Ask for details about the suspension of your driving privileges and whether you can request an administrative hearing.
  • If the suspension stems from a wrongful or misclassified offense, your attorney can move to have it lifted.

5. Civil Claim for Damages

  • If you can show the officer acted without probable cause or knowingly charged you with the wrong offense, you might have a civil rights claim under 42 U.S.C. § 1983 for false charge or abuse of authority.
  • These cases require solid evidence (like camera footage or a clear misapplication of law) and usually the help of a civil rights attorney.

Given what you’ve described — full honesty, proof of a valid out-of-state license, and cooperation — this is very likely resolvable. I recommend hiring a Minnesota traffic or criminal defense attorney right away. They can:

  • Review the original case file,
  • Obtain bodycam footage,
  • File a motion to reopen or vacate the misdemeanor, and
  • Work to reverse the license suspension.

You can find qualified attorneys through www.avvo.com or the Minnesota State Bar Association’s Lawyer Referral Service.

Yes, thank you. That gives me a solid starting point. I’ll hire a traffic attorney. I can promise this will be an easy case — it’s black and white. I was upfront and thought the plea was for a minor infraction, but the mail says otherwise. I showed up for court, paid everything right after, and thought it was done.

Blake

Blake

You’re very welcome — and yes, your description makes this sound like a strong case for correction. Unfortunately, many people accept plea deals believing they’re resolving a small ticket, only to find out later it’s a misdemeanor on their record.

Because you appeared in court, paid promptly, and had no intent to mislead, there’s a good argument that your plea was not fully informed or voluntary. That supports a motion to withdraw or vacate the conviction.

Your attorney can:

  • Review what was said in court,
  • Check whether you were properly advised of your rights,
  • Verify whether the statute fits your situation, and
  • File the appropriate motion for relief.

If successful, this could:

  • Clear your criminal record, and
  • Support your request to reverse the MN DPS suspension.

You’re taking the right approach — organized, proactive, and ready to act quickly. Make sure to keep all documents (court receipts, DPS letters, plea paperwork) for your attorney.

Blake

Blake

8,244 satisfied customers

Blake
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