Last week, lawmakers in Minnesota took tangible steps to close a loophole that allows individuals to operate an ATV or snowmobile even if they’ve already had their driver’s license revoked for driving under the influence. Unfortunately, it took the death of an 8-year-old boy to spark the change.
This past winter, 8-year-old Alan Geisenkoetter Jr. was out ice fishing with his family when he and his father were struck by 45-year-old Eric Joseph Coleman. Alan’s father survived, while Alan later died of his injuries. Coleman had a BAC of more than twice the legal limit at the time, so while he was illegally operating the snowmobile, under Minnesota law, people can still soberly drive vehicles like a snowmobile or ATV even after their driver’s license has been suspended. Coleman had a number of previous DUIs on his record, including three revocations of his driving privileges, but assuming he was sober, he was legally allowed to pilot the snowmobile.
That’s the loophole the legislators hope to change, and they took a step towards closing it on Wednesday when changes to the law were passed on a 126-0 vote.
The Snowmobiling and ATV Law
Under the new law, it will be illegal for individuals who have had their driving privileges revoked to operate a snowmobile or ATV. The new proposal also eliminates special treatment that is granted to individuals who earn a DUI on a snowmobile or ATV. Previously, those first-time DUI offenders were granted a softer set of penalties compared to first-time DUI offenders caught operating a motor vehicle, but those softer penalties would be reduced under the new proposal.
It appears that the changes will go into law soon, but there are a few minor differences in the exact text of the bill that need to be reconciled before it heads to Gov. Mark Dayton’s desk for approval. Dayton is expected to sign the changes into law.
Now that changes are coming, it is even more important to hire a criminal defense lawyer if you have been charged with a DUI on an ATV, boat or snowmobile, because you’ll face severe charges. We’ve helped contest DUI charges on a wide range of vehicles and situations, and we’d be happy to talk you through all of your legal options. For more information, or to set up a free case review with one of our lawyers, give Appelman Law Firm a call at (952) 224-2277.
