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DWI Vehicle Forfeitures

by Oct 7, 2013DWI / DUI, Sam Edmunds

Today let’s talk about motor vehicle forfeitures in DWI cases. Minnesota statutes allow the government to forfeit, or take title to, your vehicle if you commit particular types of DWI offenses. Minnesota Statutes Chapter 169A.63 sets out the types of offenses that qualify for vehicle forfeiture. Contrary to popular belief, your vehicle can be forfeited in cases other than when you have two qualifying prior offenses. The statute talks about two aggravating factors, beyond prior offenses. The aggravating factors can be either prior offenses or other factors such as refusing to test, having a child under 16 in the car, or testing over 0.20 alcohol concentration. When the government believes that they have a forfeitable offense, they will serve you with a notice of seizure and intent to forfeit. Service of that notice upon you triggers important statutory timelines. To have any hope of saving your vehicle, the forfeiture must be challenged in court within 60 days. There are various defenses that can be raised to challenge the forfeiture of your motor vehicle, but the defenses cannot be asserted unless you properly challenge the forfeiture in court. The attorneys at Sieben Edmunds PLLC are experienced in defending vehicle forfeiture cases in court. We will file a Demand for Judicial Determination of the forfeiture of your motor vehicle. Then the government cannot take your car unless they meet certain requirements, including convicting you of the qualifying DWI offense. As we work to fight your DWI case, we will simultaneously work to ensure that the government cannot forfeit your motor vehicle. If the government is trying to forfeit your car contact Sieben Edmunds immediately.

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