McCloud v. Commissioner of Public Safety

349 N.W.2d 821, 1984 Minn. LEXIS 1368
CourtSupreme Court of Minnesota
DecidedJune 8, 1984
DocketNo. C0-83-269
StatusPublished

This text of 349 N.W.2d 821 (McCloud v. Commissioner of Public Safety) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCloud v. Commissioner of Public Safety, 349 N.W.2d 821, 1984 Minn. LEXIS 1368 (Mich. 1984).

Opinion

TODD, Justice.

Samuel A. McCloud was charged and convicted of five traffic violations. The violations occurred within a 12-month period but the convictions were spread out over a 23-month period. A statute provides that petty misdemeanors shall become misdemeanors if preceded by two or more petty misdemeanor convictions within a 12-month [822]*822period. The certificates of conviction in all but one of the violations do not disclose the nature of the conviction. Based on this report the Commissioner of Public Safety revoked McCloud’s license. McCloud then petitioned the Hennepin County district court for reinstatement of driving privileges, but was denied relief. We reverse.

The facts are not in dispute. McCloud was charged and convicted of the following traffic offenses:

Charge Date : Offense Date of Conviction

1. Speeding September 4, 1980 October 8, 1980

2. Speeding February 1, 1981 June 22, 1981

3. Failure to Stop for Stop Sign February 17, 1981 December 21, 1981

4. Speeding March 10, 1981 September 16, 1982

5. Speeding July 3, 1981 July 9, 1981

The first offense occurred in Rice County, Minnesota. The certificate of conviction uses the form provided by the Department of Public Safety. This form conforms to the requirements of Minn.Stat. § 169.95 (1982) which provides in pertinent part:

Within ten days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of this chapter or other law, or city ordinance, regulating the operation of vehicles on highways, every magistrate of the court, or clerk of the court of record in which such conviction was had or bail was forfeited, shall prepare and immediately forward to the department of public safety an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.
The abstract must be made upon a form furnished by the department of public safety, and shall include the name and address of the party charged, the driver’s license number of the person involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited, and the amount of the fine or forfeiture, as the case may be.

Minn.Stat. § 169.95 (1982) (emphasis added).

The report from Rice County indicated that the charge was reduced and McCloud pled guilty to operating a vehicle with unsafe equipment. The matter was processed as a petty misdemeanor and a fine of $10 was paid. There were no recommendations by the trial court.

In contrast, the remaining four convictions occurred in Hennepin County which was not using the state-approved form of certificate of conviction. Rather, a computer printout entitled “Certificate of Conviction” was forwarded to the commissioner. This document gives pertinent information about the defendant but does not detail the disposition of the case as required by statute.

Thus we are unable to determine the nature of the charges against McCloud. This is important because of applicable statutory provisions. Minn.Stat. § 171.-17(6) (1982) provides:

The department shall forthwith revoke the license of any driver upon receiving a record of such driver’s conviction of any of the following offenses:
[[Image here]]
(6) Except as this section otherwise provides, conviction, plea of guilty, or forfeiture of bail not vacated, upon three charges of violating, within a period of 12 months any of the provisions of chapter 169, or of the rules, regulations, or municipal ordinances enacted in conformance therewith for which the accused may be punished upon conviction by imprisonment.

Minn.Stat. § 169.89 (1982) provides, in relevant part:

Subdivision 1. Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act [823]*823forbidden or fail to perform any act required by this chapter; except that: (a) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property; or (b) exclusive of violations relating to the standing or parking of an unattended vehicle, a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12 months period; is a misdemeanor to which the provisions of subdivision 2 shall not apply.
Subd. 2. A person charged with a petty misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If convicted, he is not subject to imprisonment but shall be punished by a fine of not more than $100.

The impact of these sections read together is that a conviction punishable by imprisonment is necessary to trigger § 171.17(6). A petty misdemeanor is not punishable by imprisonment. Therefore, before the commissioner can revoke a license he must know whether the individual was convicted of a misdemeanor or a petty misdemeanor.

The important section in this case is § 169.89, subd. 1(b). Under that section a petty misdemeanor is changed to a misdemeanor if preceded by two or more petty misdemeanor convictions within a 12-month period. The order of convictions in this case is 1-2-5-3-4. Thus, on July 3, 1981, when McCloud was charged with speeding, he had two prior petty misdemeanor convictions within a 12-month period, namely the October 8, 1980 conviction in Rice County and the June 22, 1981 conviction in Hennepin County. Therefore, McCloud should have been charged with a misdemeanor. However, the certificate of conviction from Hennepin County fails to disclose the nature of the charge or the nature of the conviction. It is pure speculation to attempt to discern if McCloud was charged with a misdemeanor, or if so charged was convicted of a misdemeanor or a petty misdemeanor. The same problem exists with the December 21, 1981 and the September 16, 1982 convictions.

In order to invoke the sanctions of Minn. Stat. § 171.17(6) the commissioner must find that McCloud has been convicted of these offenses, which offenses occurred within a 12-month period.

The commissioner takes the position that the record was adequate to support the revocation, which is just another way of saying that the revocation was valid even if petitioner never was actually prosecuted as a misdemeanant. The commissioner’s argument basically is that the legislature could not have intended the result that McCloud urges, that whether he was prosecuted as a misdemeanant for the third, fourth, and fifth offenses does not really matter in applying section 171.17(6), that the commissioner’s interpretation of the legislature’s intent is long-standing, and that it is only fair that McCloud’s license was revoked, given the fact that under the former law it would have been revoked much earlier.

Before 1971 all violations of chapter 169 were at least misdemeanors. See Minn. Stat. § 169.89 (1969). Minn.Stat.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

§ 169.89
Minnesota § 169.89
§ 169.95
Minnesota § 169.95
§ 171
Minnesota § 171
§ 171.17
Minnesota § 171.17(6)
§ 171.18
Minnesota § 171.18(4)

Cite This Page — Counsel Stack

Bluebook (online)
349 N.W.2d 821, 1984 Minn. LEXIS 1368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccloud-v-commissioner-of-public-safety-minn-1984.