Q= What is a vehicle forfeiture?

Q= What is a vehicle forfeiture?

A= The government’s seizure (taking) and keeping of your vehicle. Under Minnesota law you may be subject to vehicle forfeiture in the following situations:

(1) If your current offense is a DWI or Refusal and 2 or more of the following apply:

(a) A Prior DWI Revocation/Conviction within 10 years of this offense;

(b) An AC of 0.20% or more; and/or

(c) A Child under 16 years of age in your vehicle, who is also 36 months younger than you, at the time of the offense;

(2) If your current offense is a DWI and you were driving after being canceled Inimical to Public Safety (IPS) by the Department of Public Safety or you had a license restriction on the use of alcohol at the time of your offense; or

(3) If you are convicted of Second Degree DWI/Refusal.

The government commences with vehicle forfeiture by serving you with a Notice of Seizure and Intent to Forfeit Motor Vehicle.

*Note, as with your Civil-DWI case concerning your license revocation and plate impoundment, you only have thirty (30) days from the date of the Notice of Seizure and Intent to Forfeit Motor Vehicle to file with the court and serve upon the government a Forfeiture Petition demanding a judicial hearing contesting the legality of the vehicle forfeiture; 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 a Forfeiture Petition results in the automatic vehicle forfeiture of your car (i.e., you will not have the legal right to get your car back).

If you retain my services, I will file the Forfeiture Petition and request the return of your vehicle as soon as possible. In addition, depending on the jurisdiction of your vehicle forfeiture, I may be able to immediately get your car returned to you.

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