Before you can be convicted of driving after suspension, a prosecutor will need to prove beyond a reasonable doubt that you knew, or should have reasonably known, that your driver’s license was suspended on the date of the offense. The prosecutor can meet this burden of proof by introducing at trial a certified copy of the notice of suspension of driving privileges mailed by the Department of Public Safety to the address listed on your driver’s license. If the notice was never mailed to you by the Department, the prosecutor may still attept to introduce other evidence at trial proving that you reasonably should have known about the driver’s license suspension. For example, you may have been informed by a judge at your last court appearance that as a result of pleading guilty to no insurance, your driving privileges would be suspended or revoked.
You may have a lack of notice defense to the charge of driving after suspension. An experienced Minnesota traffic defense attorney will make a request from the prosecution for copies of all the evidence the prosecution intends to use against you at trial. If there is no evidence to prove beyond a reasonable doubt that you had knowledge of the suspension of your driving privileges, your criminal defense attorney will file a motion to have the charges against you dismissed for lack of probable cause to believe you committed the offense.
If you, or someone you know, has been charged with driving after suspension in Minnesota, you may have a lack of notice defense to the charge. You will need to retain an experienced traffic defense attorney to defend the case. Call attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information on traffice defense at www.criminallawyerminnesota.com.