Motor Vehicle Forfeiture
Generally speaking, a person charged with DWI can face motor vehicle forfeiture in a situation in which he or she faces a driver’s license revocation or a driving while impaired charge for the third time in a ten year period. However, there are instances in which a person can face motor vehicle forfeiture on a second time license revocation or DWI charge.
Pursuant to the Minnesota motor vehicle forfeiture law, a law enforcement officer actually has the legal authority to seize the motor vehicle of a driver suspected of DWI at the time of the arrest. Following the seizure itself, the police, prosecuting attorney or its agent will serve notice of intent to seek a forfeiture of the motor vehicle.
If you have been served with a notice of intent to forfeit your motor vehicle as a result of a DWI arrest, you have a right to a judicial determination by a judge as to whether your vehicle should, in fact, be forfeited. If a driver would like to have a judicial determination, he or she must file a challenge to the forfeiture within a specified period of time from the date he or she was served with the notice of intent to forfeit the motor vehicle. If such a challenge is not made exactly as prescribed by statute and within the statutorily required period, the driver or owner can be deemed to have waived their right to a judicial determination of the forfeiture. That is why it is imperative that you contact a lawyer immediately after being arrested for a DWI offense to review all of your rights.
Having an attorney who is experienced with motor vehicle forfeitures is invaluable during this stressful period. Gerald Miller PA has over 35 years of experience in all levels of DWI law. Contact us today at 612-341-9080 for a free consultation.
For more information see the Minnesota Motor Vehicle Forfeiture Statute 169A.63.