Minneapolis, MN asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota

Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: DAC-IPS is absolutely a criminal offense.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the case is generally handled in district court rather than in civil or tribal courts.

Given that you were cited on reservation land by a tribal officer, the jurisdiction might be expected to be tribal. However, the involvement of a Becker County citation suggests that there may be overlapping jurisdictions or agreements between the county and the tribe that dictate where certain types of cases are heard. It's important to understand these agreements, as they can affect where and how your case is managed.

You should consider consulting with an attorney who has experience with both tribal law and state criminal law. They can provide guidance tailored to your specific situation, including exploring any legal avenues to keep the case in tribal court and addressing the criminal charges in the most effective manner. Understanding both the tribal and state legal systems will be crucial in navigating your case successfully.

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