Twin Cities Forfeitures Lawyer, Attorney
In Minnesota, the law allows certain instances in which vehicle forfeiture is done. Usually, this occurs after a third DWI conviction in a ten year period. However, there are some instances in which vehicle forfeiture may take place after the second offense, or even after the first.
Such is also true after the 3rd offense within 15 years or the driver is under a B-Card restriction. This restriction states that a person has been charged with a DWI and they refused testing, so they are unable to consume any amount of alcohol.
Here are the factors that determine vehicle forfeiture:
- If the vehicle was used to commit an offense and the driver was convicted of that offense. Such is true if the individual failed to appear at their trial.
- If the blood alcohol concentration of the driver was .20 or more.
- If the vehicle was involved in an offense that resulted in the driver’s license being revoked. This is also true when the driver fails to seek a judicial or administrative review of the revocation in a certain period of time.
What about other vehicles?
If the offender has other vehicles that were not involved in the crime committed, then those vehicles are not subject to vehicle forfeiture. For vehicle owners who were not the driver of the vehicle at the time a crime was committed with it may not be subject to vehicle forfeiture if they did not have knowledge of the crime being committed.
What happens to the vehicle?
After vehicle forfeiture, the agency that arrested the offender may keep the vehicle as their own and use it for official reasons. If there is a lien against the vehicle, it is the lien holder who can decide to hold their own auction to sell the vehicle or let the arresting agency facilitate a sale.
If there is no lien and the vehicle does not have enough value to benefit the arresting authority, they may decide not to seize the vehicle because they will not be able to use or sell it.
What to do about it
If you’re facing a situation in which your vehicle was taken from you, you are probably confused and wondering what it is you can do about it. The sooner you call an experienced defense attorney, the better your case will be. Evidence is fresh and so is your memory and the memories of any witnesses that may be available.
You have 30 days after you receive notice of the forfeiture to file a demand for judicial determination surrounding the forfeiture of your vehicle. You can then have a hearing to determine the legal validity of the forfeiture.
So for experienced representation, Call the Gearin Law Office at 651-731-4900 for a no-cost consultation So that you know which options are available to you and so that your case can be properly reviewed and you can be on your way to a fair outcome.