Saturday, May 19, 2012
Criminal Defense Frequently Asked Questions Q= What is a plate impoundment?

Q= What is a plate impoundment?

Q= What is a plate impoundment?

A= The loss (i.e., taken away and destroyed) of your regular license plates for a certain period of time until full reinstatement conditions are met. In a DWI case, you may be subject to plate impoundment (i.e., having your plates taken away and destroyed) if at least one of the following applies:

(1) You have one or more prior DWI Revocations/Convictions;

(2) Your AC was 0.20% or more; or

(3) A child under 16 years of age, who is also 36 months younger than you, was in your vehicle at the time of the DWI.

As your plate impoundment Order states, you have a limited period of time to turn in (if not already seized) the license plates on all vehicles you own and co-own.

Generally, the length of time of the plate impoundment is the same as the length of your license revocation—but for a minimum of one (1) year. However, you may be eligible for “Special Plates” (a/k/a Whiskey Plates) by contacting the Minnesota Driver and Vehicle Services (DVS) Department.

*Note, as with your Civil-DWI case concerning your license revocation, you only have thirty (30) days from the date of the Notice of Plate Impoundment (i.e., within 30 days of the date that your plate impoundment initially starts) that either the officer or the State of Minnesota has served upon you to file with the court and serve upon the government an Implied Consent (IC) Petition demanding a judicial hearing contesting the legality of the plate impoundment; otherwise:

you waive all rights and issues that could or

should have been raised—even if you have a winner!

That is, failure to properly serve and file the IC Petition results in an automatic plate impoundment (and at least 1 year of Whiskey Plates).

Depending on the county of your DWI, I will also file a motion requesting that your plate impoundment be “stayed” (i.e., you will be given your regular license plates back) pending the outcome of your criminal case so you do not have to drive around with Whiskey Plates.


 

Call Me, Matthew L. Thornton, Esq.: (651) 699-2007

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