From driving after revocation to hit-and-run charges, our Mankato attorneys defend clients facing criminal traffic offenses throughout Southern Minnesota.
While many traffic violations are minor infractions, some traffic offenses in Minnesota are criminal charges that can result in jail time, substantial fines, license revocation and a permanent criminal record. Driving after revocation, hit-and-run, reckless driving, and fleeing police are all criminal offenses that require serious legal defense.
At Birkholz Law, our attorneys handle all types of criminal traffic offenses and understand the potential consequences you face. We work to protect your driving privileges, minimize penalties, and keep criminal convictions off your record whenever possible.
A criminal traffic conviction can create a cascading effect on your life. Beyond the immediate penalties, you may face increased insurance rates, difficulty finding employment and the ongoing burden of a criminal record. Our attorneys fight to prevent these consequences and protect your ability to drive.
Driving after revocation (DAR) under Minn. Stat. § 171.24 is one of the most common criminal traffic charges. A first offense is a misdemeanor carrying up to 90 days in jail and a $1,000 fine. If the revocation was for a DWI-related offense, the penalties increase, a gross misdemeanor carrying up to 364 days and a $3,000 fine. Repeat DAR offenses carry progressively harsher penalties.
Driving after cancellation (DAC) under Minn. Stat. § 171.24 applies when your license has been canceled as inimical to public safety, typically due to multiple DWI offenses or other serious driving conduct. DAC is a gross misdemeanor carrying up to 364 days in jail and a $3,000 fine.
Other criminal traffic offenses include hit-and-run (Minn. Stat. § 169.09), which can be a misdemeanor, gross misdemeanor, or felony depending on the severity of injury; reckless driving (Minn. Stat. § 169.13); fleeing a police officer (Minn. Stat. § 609.487), which is a felony; and careless driving resulting in death or great bodily harm.
Driving after revocation charges are more complex than they may appear. The severity of the charge depends on why your license was revoked, how many prior DAR offenses you have, and whether any aggravating factors are present. Our attorneys carefully analyze the basis for your license revocation and the specific circumstances of the current charge.
In some cases, clients are unaware that their license has been revoked, for example, if they did not receive notice of the revocation or if the revocation resulted from an administrative action they were not aware of. While ignorance of the revocation is not a complete defense, it can be a mitigating factor that our attorneys use in negotiations with prosecutors.
We also explore whether the underlying revocation was lawful. If the revocation was improper, for example, if it was based on an unconstitutional DWI stop, challenging the revocation may provide a defense to the DAR charge.
Driving after revocation charges are more complex than they may appear. The severity of the charge depends on why your license was revoked, how many prior DAR offenses you have, and whether any aggravating factors are present. Our attorneys carefully analyze the basis for your license revocation and the specific circumstances of the current charge.
In some cases, clients are unaware that their license has been revoked, for example, if they did not receive notice of the revocation or if the revocation resulted from an administrative action they were not aware of. While ignorance of the revocation is not a complete defense, it can be a mitigating factor that our attorneys use in negotiations with prosecutors.
We also explore whether the underlying revocation was lawful. If the revocation was improper, for example, if it was based on an unconstitutional DWI stop, challenging the revocation may provide a defense to the DAR charge.
Minnesota law requires drivers involved in an accident to stop, provide their information, and render reasonable assistance to anyone who is injured. Failure to do so can result in criminal charges ranging from a misdemeanor (for property damage only) to a felony (when the accident results in death or great bodily harm).
A hit-and-run resulting in great bodily harm or death is a felony under Minn. Stat. § 169.09 carrying up to 5 years in prison and a $10,000 fine. Even a misdemeanor hit-and-run conviction can result in license revocation and increased insurance rates.
Our attorneys defend hit-and-run charges by examining whether the client was actually aware that an accident occurred, whether they had a reasonable opportunity to stop, and whether the prosecution can prove all elements of the offense beyond a reasonable doubt.
A Mankato man is driving home from work on Highway 169 during a winter storm. Visibility is poor and the roads are icy. He comes around a curve and his truck slides into oncoming traffic, striking another vehicle head-on. The other driver suffers serious injuries and is airlifted to a hospital in the Twin Cities. The man is shaken but physically unharmed. He cooperates fully with the responding officers, answering all their questions about his speed, whether he was on his phone and what happened. He does not realize that everything he says is being documented and will be used to build a criminal case against him.
What this man does not know is that under Minn. Stat. § 609.2113, criminal vehicular operation can be charged even when the driver was not intoxicated. If the prosecution can prove that the driver operated the vehicle in a grossly negligent manner, they can bring felony charges carrying up to five years in prison. Gross negligence is a lower standard than most people think. Driving too fast for conditions, even at or below the posted speed limit, can be enough. The man also does not know that his statements to the police are being used to establish the elements of the crime.
An experienced traffic crimes defense attorney would have advised this man to be polite but to limit his statements to the police. The attorney would immediately begin investigating the accident scene, the road conditions and the vehicle’s mechanical condition. They would retain an accident reconstruction expert to analyze the physics of the collision and determine whether the man’s driving was truly negligent or whether the accident was an unavoidable consequence of the weather conditions. The attorney would also review the other driver’s actions to determine whether they contributed to the collision.
A criminal traffic conviction can devastate your ability to earn a living. For commercial drivers, a conviction for criminal vehicular operation or fleeing police results in the permanent disqualification of your commercial driver’s license (CDL) under federal regulations. Even for non-commercial drivers, a license revocation can make it impossible to get to work, take your children to school or handle basic daily responsibilities. In rural Southern Minnesota, where public transportation is limited, losing your license can be particularly devastating.
Insurance consequences are severe and long-lasting. A criminal traffic conviction will cause your auto insurance premiums to skyrocket, and some insurers may refuse to cover you entirely. You may be required to obtain SR-22 insurance, which is significantly more expensive than standard coverage. These increased costs can persist for years after the conviction, creating a long-term financial burden.
Employment consequences extend beyond driving-related jobs. Many employers conduct background checks and view criminal traffic offenses as evidence of poor judgment and irresponsibility. A felony criminal vehicular operation conviction can disqualify you from jobs that require a clean criminal record, including positions in healthcare, education, law enforcement and government. For immigrants, a felony traffic conviction can trigger deportation proceedings.
A hit-and-run conviction carries particular social stigma. Even if the underlying accident was minor, leaving the scene is viewed as a serious moral failing. This can affect your relationships, your standing in the community and your reputation. Our attorneys work to resolve traffic crime charges in a way that minimizes these collateral consequences.
“It was just an accident, so I cannot be charged with a crime.” This is one of the most dangerous misconceptions. Minnesota law specifically criminalizes negligent driving that causes injury or death. Under Minn. Stat. § 609.2113, criminal vehicular operation can be charged when a driver causes great bodily harm or death through gross negligence, even without any alcohol involvement. An accident can become a felony charge very quickly.
“If I was not drunk, I cannot be charged with a serious traffic crime.” While DWI is the most well-known traffic crime, Minnesota has numerous other criminal traffic offenses that do not involve alcohol. Reckless driving, fleeing police, hit and run, driving after cancellation and criminal vehicular operation can all be charged without any allegation of impairment. Each carries significant penalties including potential prison time.
“Fleeing from the police is just a traffic ticket.” Fleeing a peace officer in a motor vehicle is a felony in Minnesota under Minn. Stat. § 609.487, carrying up to three years in prison and a $5,000 fine. If the flight results in the death of another person, the penalty increases to up to ten years. This is not a minor traffic infraction. It is a serious criminal offense with life-altering consequences.
“I left the scene because I panicked, so the court will understand.” Panic is not a legal defense to leaving the scene of an accident. Under Minn. Stat. § 169.09, drivers involved in an accident resulting in injury or death must stop, provide information and render reasonable assistance. Failure to do so is a felony. However, an experienced attorney can present mitigating circumstances to the court that may result in reduced charges or a more favorable sentence.
After a serious traffic accident, law enforcement will conduct an investigation that may include interviewing you, examining your vehicle and reconstructing the accident scene. You have the right to remain silent during this investigation. You are not required to answer questions about your speed, your attention to the road or any other details of the accident. Politely declining to answer questions is not an admission of guilt and cannot be used against you in court.
You have the right to refuse field sobriety tests and portable breath tests at the scene of an accident. However, if the officer has probable cause to believe you were impaired, they can obtain a warrant for a blood or urine test. Under Minnesota’s implied consent law, refusing a warranted test is a separate crime. Our attorneys can advise you on the specific rights that apply to your situation.
If you are arrested for a traffic crime, you have the right to an attorney before any custodial interrogation. This right attaches the moment you are in custody and being questioned. Any statements you make without being advised of your Miranda rights may be suppressed. Our attorneys aggressively challenge any violations of your constitutional rights.
You also have the right to an independent accident reconstruction analysis. The prosecution will rely on their own experts to reconstruct the accident and establish fault. You have the right to retain your own expert to conduct an independent analysis. In many cases, the defense expert reaches different conclusions about speed, reaction time and causation that can significantly weaken the prosecution’s case.
Accident reconstruction is often the most powerful defense tool in criminal vehicular operation cases. Our attorneys work with qualified accident reconstruction experts who use physics, engineering and computer modeling to analyze the collision. They examine factors like vehicle speed, road conditions, sight distances, reaction times and vehicle dynamics. In many cases, the reconstruction reveals that the accident was caused by factors beyond the driver’s control, such as black ice, mechanical failure or the other driver’s actions.
Challenging the gross negligence standard is another effective strategy. The prosecution must prove that the driver’s conduct was a gross deviation from the standard of care that a reasonable person would exercise. This is a higher standard than ordinary negligence. Our attorneys argue that the driver’s conduct, while perhaps imperfect, did not rise to the level of gross negligence required for criminal liability. Driving errors that are common and understandable do not necessarily constitute criminal behavior.
In hit-and-run cases, we often challenge whether the driver knew that an accident occurred. Under Minnesota law, the driver must have knowledge that an accident happened in order to be guilty of leaving the scene. In cases involving minor contact, poor visibility or loud road noise, the driver may genuinely not have been aware that a collision occurred. Our attorneys investigate the circumstances to build this defense when the facts support it.
For fleeing police charges, we examine whether the initial stop was lawful and whether the driver had a reasonable opportunity to stop safely. We also investigate whether the emergency lights and sirens were properly activated and visible. If the initial stop was unlawful or the driver had a legitimate reason for not stopping immediately, these facts can form the basis of a strong defense.
A traffic ticket (petty misdemeanor) is a non-criminal violation that results in a fine but no jail time and no criminal record. A criminal traffic offense is a misdemeanor, gross misdemeanor or felony that can result in jail time, a criminal record and license revocation. Examples of criminal traffic offenses include driving after revocation, reckless driving and fleeing police.
Yes. Criminal traffic offenses carry potential jail time. A misdemeanor traffic offense carries up to 90 days. A gross misdemeanor carries up to 364 days. A felony traffic offense can carry years in prison. Our attorneys work to avoid jail time through negotiation, alternative sentencing and aggressive defense.
Yes. A criminal traffic conviction will almost certainly result in significantly increased insurance rates. Some convictions may make it difficult to obtain insurance at all. Our attorneys fight to avoid convictions and minimize the impact on your driving record and insurance rates.
The process for reinstating a revoked license depends on the reason for the revocation. You may need to complete a waiting period, pay reinstatement fees, complete a chemical dependency evaluation, install an ignition interlock device or take other steps. Our attorneys can advise you on the specific requirements for reinstating your license.
Careless driving (Minn. Stat. § 169.13, subd. 2) is a misdemeanor involving driving without due care or in a manner that endangers others. Reckless driving (Minn. Stat. § 169.13, subd. 1) is a more serious charge involving driving in a manner that indicates a willful or wanton disregard for safety. The key difference is the driver’s mental state. Reckless driving requires a conscious disregard of risk.
Yes. Driving after cancellation (Minn. Stat. § 171.24) can be a misdemeanor, gross misdemeanor or felony depending on the reason for the cancellation and your prior record. If your license was canceled as inimical to public safety, driving on it is a gross misdemeanor. A second or subsequent offense is a felony.
If your negligent driving causes the death of another person, you can be charged with criminal vehicular homicide under Minn. Stat. § 609.2112. This is a felony carrying up to ten years in prison. If the death was caused by gross negligence or impaired driving, the penalties are even more severe. Our attorneys handle these cases with the seriousness and sensitivity they require.
Yes. While reckless driving is a misdemeanor, a conviction carries up to 90 days in jail, a $1,000 fine and a criminal record. It can also affect your insurance rates, your CDL and your employment. An experienced attorney can often negotiate a reduction to careless driving or another lesser offense that minimizes the consequences.
The statute of limitations varies by offense. Misdemeanor traffic crimes must be charged within three years. Gross misdemeanor offenses must be charged within three years. Felony traffic crimes generally have no statute of limitations if they involve death, or a three-year limitation for other felonies. Our attorneys can advise you on whether the statute of limitations has expired in your case.
Depending on the offense and the outcome, some traffic crime convictions may be eligible for expungement under Minnesota law. Misdemeanor convictions are generally eligible two years after discharge of the sentence. Gross misdemeanor convictions are eligible after four years. Felony convictions may be eligible after five years. Our attorneys can evaluate your eligibility and guide you through the expungement process.
Don’t risk your driving privileges. Contact Birkholz Law today to speak
with a traffic defense attorney in Mankato.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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