Minneapolis DWI Lawyer & Forfeiture Attorney
The law in Minnesota allows for a motor vehicle to be seized when certain DWI offenses have been committed. This includes both motor vehicles and recreational vehicles. Jennifer Speas has over 20 years of experience helping Minnesotans prevent the forfeiture of their motor vehicles.
Minnesota DWI Law authorized a motor vehicle to be seized if the following circumstances are present:
- A DWI committed by a driver who has a restricted license, requiring that the driver stays away from drugs that aren’t prescribed to them and alcohol.This is a “B-card restriction.”
- First-degree or second-degree DWI
- A DWI committed by a driver who has a license canceled by the Minnesota Department of Public Safety for the reason of being inimical to public safety.
In some cases, a motor vehicle can be authorized to be seized whether or not a person is even convicted. In situations like this, the government may forfeit a vehicle just because of revocation of the license due to implied consent.
Essential Experience For The Best Result
In Minnesota, it is possible for law enforcement to decide to seize a vehicle, thus making it subject to forfeiture. The state must serve notice to the vehicle owner that the state intends to forfeit the vehicle. Unless the owner of the vehicle challenges the forfeiture within 60 days by filing a judicial determination, the forfeiture will be conducted in an administrative way. In such cases, the only vehicle forfeited is the vehicle used to commit the alleged DWI offense. The other vehicles that you own are not at risk of being seized.
Helping You To Understand Your Rights
In some situations, a person who is innocent may have a vehicle seized. The law requires that the owner of the vehicle must know of the intended use of their vehicle was unlawful. The forfeiture can be challenged if the owner was not aware of this.
In the case that the motor vehicle is leased or has an outstanding loan against it, the law protects the lien holder. The vehicle may be sold in foreclosure or the arresting agency may be permitted to sell it. After this, all proceeds go to their lien holder after the appropriate deductions have been made.
If your property or vehicle have been seized you must contact your Minneapolis DWI lawyer and begin taking the necessary steps to get your property returned to you before it is too late.
Contact A Minneapolis DWI Lawyer
In the event that you’ve been charged with DWI/DUI or any drug-related crime and have had a vehicle or other property seized, as long as your case is navigated properly you may be able to get the vehicle or property returned to you. Contact the Speas Law Firm, PA at 612-333-6160 to schedule a initial consultation and learn more about how Jennifer Speas can help you regain the rights to your property.