Subd. 1. General Rule. Except as provided in Subd. 2. below, if the prosecuting attorney believes it is in the interest of justice that the defendant not be imprisoned if convicted, an alleged misdemeanor violation may be treated as a petty misdemeanor. The prosecuting attorney shall certify that belief to the Court at or before the time of arraignment or pretrial hearing. The Court shall approve the certification motion but the defendant's consent to the certification is not required. When an offense is certified as a petty misdemeanor under this section, the defendant's eligibility for Court appointed counsel must be evaluated as though the offense were a misdemeanor.
Subd. 2. Certain Violations Excepted. Subd. 1 above shall not apply to a misdemeanor violation of M.S. §§ 169A.20, 609.224, 609.226, 609.324(3), 609.52, 617.23, or 609.2242, as amended, (or any ordinance that conforms in substantial part to these state statutes). A violation of the state statutes, or ordinances in conformity therewith, must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor.
Subd. 3. Use of Conviction for Enhancement. Notwithstanding any other law, a conviction for a violation that was originally charged as a misdemeanor and was treated as a petty misdemeanor under Subd. 1. above, or the Rules of Criminal Procedure, may not be used as the basis for charging a subsequent violation as a gross misdemeanor rather than a misdemeanor.