Minnesota DWI Defense Blog : Roseville DUI Defense Lawyer & Attorney : Ramsay Law Firm : Minneapolis, St. Paul, Minnesota

Among the many decisions recently issued by the Minnesota Court of Appeals was the troubling case of Van Note v. 2007 Pontiac, A09-2311. This case is a perfect example of why our vehicle forfeiture laws are so absurd, and why the first thing you need to do when charged with a DWI is find a knowledgeable attorney.

In the Van Note case, the driver was arrested for 2^nd degree DWI while driving his girlfriend’s vehicle. The driver was not on the title . . . the vehicle was not registered in his name . . . and yet the State immediately seized the vehicle for forfeiture.

The State made a half-hearted effort to notify the actual owner (the driver’s girlfriend) that it had every intention of keeping her 2007 Pontiac G6 (with a bluebook value well over $10,000). Eventually, the innocent owner tried to convince the court to return her vehicle by filing a petition for review. However, because the girlfriend of the driver convicted of a DWI didn’t file the appropriate paperwork within the correct period of time, the Court of Appeals basically told her “tough luck.”

So, because this innocent vehicle owner did not understand the complex laws surrounding vehicle forfeiture, the State gets to sell her vehicle for profit, even though the law requires the State to return the vehicle to her!

This type of situation happens far too often. In the traumatic and often shame-filled period following a DWI arrest, many people do not take the immediate steps they need to in order to preserve their rights. Because we work every day hammering the State on all aspects of a DWI case, we would have immediately recognized that the innocent owner defense applied, and filed a prompt petition for review. In the end, our client should have gotten her vehicle back. Instead, she’s in the market for a new vehicle . . . and out a lot of money.

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This is part two of our two-part discussion of Minnesota’s strange forfeiture scheme. At this point, you’ve been arrested for DWI. You haven’t been found guilty (you haven’t even been to court yet) but the State has already told you that it’s taking your car. Forever. What can you do to stop this vehicle forfeiture?

Most people assume that they’ll be able to take this case to court, where they are presumed innocent until proven guilty. That seems fair, right? Too bad that’s now how forfeitures work.

You see, you’re already presumed guilty when the State seizes your vehicle. Without any court hearing, merely on the say-so of the arresting officer, the State has seized your vehicle, and is likely planning on selling it off for profit.

Do you think this is unfair? Well, you have exactly thirty days to file a petition in court to contest this forfeiture - and you’d better be quick, because 31 days later you lose ALL RIGHTS TO YOUR VEHICLE. The criminal charges against you could be dismissed on the 31^st day after your arrest, and the State would STILL keep your vehicle!

We hear this type of horror story far too often. A country that once fought a war to prevent government seizure of personal property no longer seems to care that the government routinely grabs the property of citizens for its own profit.

Ironically, even though you have less than a month to file a petition to get your car back, you won’t even see a judge until after your criminal case is resolved - and unless you plead guilty, that could take a year or more (especially if you took a test on the awful Intoxilyzer 5000).

If this sounds like an unconstitutional get-rich-quick scheme, you’re right. We’re working hard to convince judges statewide that this scheme is blatantly illegal. Unfortunately, in order to even use this argument, we need to file a petition within 30 days.

Please read about part one of this blog post here.

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Today is the first blog in a two-part series regarding Minnesota’s forfeiture laws. As any polished attorney knows, most DWI arrests included numerous “collateral” punishments. You will lose your license; you may become ineligible for car insurance; you may even lose your job. However, what few people know is that it’s also likely that the State is going to seize your car and sell it for profit.

These “vehicle forfeitures” aren’t just reserved for the five-time repeat offenders that make the news. In fact, even a first time DWI arrest can result in vehicle forfeiture . . .

Example: you and your significant other are driving to the babysitter’s after going out for dinner with friends. You had two glasses of wine with your meal, but don’t feel the slightest bit tipsy. You pick up your 8 year old child, and head for home. However, before you get there, the police pull you over for “weaving within your own lane.”

The officer asks if you had anything to drink, and you honestly answer “yes.” (It’s not a crime to drink and then drive in Minnesota - it’s only a crime to be impaired). You are told to step out of your car and perform some field sobriety tests. You do fine, but the officer thinks otherwise, and arrests you for DWI - in front of your family.

You get taken down to the police station and told that you need to submit to a breath test on the Intoxilyzer 5000. You’re nervous, but at the same time anxious to pass the test and rejoin your family. However, no matter how hard you blow, that Intoxilyzer won’t “accept” your sample. The officer is yelling in your ear to “blow harder” but no matter what you do, the machine keeps calling your sample “deficient.” After four minutes, the officer tells you that he’s going to charge you with “refusal to test.”

You can cry, plead and beg at this point, but the fact is that you are going to be charged with a crime - and not just any old crime - an enhanced crime. Because you had someone under the age of 16 inside your vehicle, and because you “refused” to test, you are going to be charged with a gross misdemeanor, 2^nd degree DWI.

And woe to someone who has even one DWI conviction already on their record. With one conviction on your record, it’s very easy for a DWI arrest to turn into a situation where the State is going to sell your car for profit.

Now, wait. The police officer that chose to arrest you can take your car, immediately, and can then sell that car for profit before you even get to complain to a judge? That’s right . . . although if you have a good attorney in your corner, you can still get your car back.

Be sure to check back Monday for an explanation of what you can do to protect your rights to your vehicle.

Please read part 2 of the blog here.

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