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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
