Last week, the Minnesota Supreme Court overturned a ruling that had previously been reversed by the lower appellate court. The decision has an impact on how driving after license cancellations are handled on private property.
In order to better understand the ruling, let’s start at the beginning in Beltrami County Court. There, an unnamed male was facing charges of driving after cancellation and DWI for an incident on his property. According to the police report, an officer observed the male, who the deputy knew to have a driver’s license that was previously cancelled due to a long history of driving violations, operating a vehicle on a private drive and preparing to turn onto a public roadway. The officer confronted the driver and observed signs of intoxication. After obtaining a search warrant for a sample of the individual’s blood, the driver was found to have methamphetamine in his system.
The driver was originally charged with felony driving while intoxicated and one count of driving after cancellation inimical to public safety (DAC-IPS). The defendant moved to have all evidence suppressed, arguing that his cancelled license didn’t prohibit him from driving on private property. The motion was denied, and he was found guilty and sentenced to 57 months in prison.
The Appeal And Beyond
The defendant later appealed the case to the Minnesota Court of Appeals, again arguing that the evidence should not have been admitted. The appellate court sided with the defendant, reversing the District Court’s ruling on the motion to suppress evidence.
The ball was then back in the state’s court, who opted to take the case to the Minnesota Supreme Court. After hearing the case, the Minnesota Supreme Court ruled that DAC-IPS is still enforceable on private property, including residential driveways. In doing so, the state supreme court stated that the District Court properly denied the defendant’s initial claim to suppress and dismiss, in turn reversing the Court of Appeal’s decision.
So while you may be on private property, you may not have free reign to drive in Minnesota if your license has been previously cancelled. Don’t assume that you are free to do as you please just because you’re not on private roads. While it’s unlikely that police will catch you on your own private property, it’s certainly possible that they will show up and ruin your good time. Make smart decisions, and if you run into any trouble, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
