1. Motor Vehicle Hearing:
To preserve your right to drive in Minnesota, you must request a hearing within 30 days after your license has been taken from you by an officer or within the time set by the Department of Public Safety in a revocation letter. A hearing must be initially scheduled within 60 days. (In Hennepin County, if you had a valid license when stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.) If you lose at the hearing, your license revocation will remain on your record. It is our opinion you should demand the officer’s presence at the hearing. Crucial defenses can be developed at the hearing.
2. Arraignment:
This is the date on your ticket, about 30 to 60 days after your arrest. If you have an attorney, you may not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you outside of court.
3. Pretrial Conference:
Your attorney will discuss your case with the Prosecutor and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
4. Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. I will file motions to suppress. It usually occurs anywhere 6 weeks to 3 months after the pretrial conference.
5. Trial:
You are entitled to a trial to a jury of six. In some cases, it may be beneficial to have a trial in front of a judge in a court trial.
6. Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, community work service, alcohol classes and fines.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney