Minnesota Forfeiture Lawyers & Attorneys
If you have been charged with driving under the influence, you need to make sure that you retain the services of a qualified and experienced Minnesota DWI lawyer immediately. Kevin DeVore has the experience necessary to fight your case effectively and the commitment required to make sure that you always know that we are at your side.
It is important to note that the penalties associated with a DWI include:
- Significant jail time
- Large penalties
- Loss of your drivers license
- License plate impoundment
- Motor vehicle forfeiture
Many people do not realize that, in Minnesota today, it is possible that your motor vehicle can be impounded as a result of DWI stop. This reality only underscores the need for you to obtain a qualified and committed Minnesota criminal defense lawyer as soon as possible so that he can properly prepare your case for a hearing.
Understanding Motor Vehicle Forfeiture in Minnesota
The concept of property forfeiture is nothing new to the criminal justice system on either the state or federal level. In reality, the Minnesota motor vehicle forfeiture law is no different than any of the other types of seizure laws that have been on the books for quite some time.
Under Minnesota law, you can face a forfeiture of your automobile, even on a first- time DWI charge, if certain aggravating circumstances exists. In addition, a forfeiture can occur in the following situations:
- You are convicted of driving while intoxicated for the third time in ten years.
- Your driver’s license is revoked for the third time in ten years; however, there are circumstances in which you can face forfeiture for a first or second time revocation.
Pursuant to the Minnesota motor vehicle forfeiture law, a law enforcement officer actually has the legal authority to seize the motor vehicle of a driver suspected of DWI at the time of the arrest. Following such a seizure, the prosecuting attorney will serve notice of intent to seek a forfeiture of the motor vehicle.
The forfeiture process initially takes place through administrative proceedings. Rather than taking place in a court of law, an administrative hearing will be scheduled within thirty days of the seizure of the vehicle. Administrative proceedings are similar to that which takes place in regard to a driver’s license suspension.
Although these matters are addressed through administrative proceedings, Kevin DeVore can assist you with filing a petition for a judicial determination of the proposed forfeiture of your motor vehicle. As mentioned above, there are specific and often quick time frames in which these procedures need to occur. It is best not to waste time in hiring a lawyer so that you can protect yourself from the various penalties associated with driving while intoxicated, including vehicle forfeiture.
It is important to note that only the vehicle that was being driven by the person suspected of driving while intoxicated is subject to forfeiture. Any other vehicle that might be owned by the driver is not subject to forfeiture in relation to this particular DWI matter.
Kevin DeVore By Your Side
Kevin DeVore understands the court system can seem like a maze. Kevin will be at your side from the beginning to the end of your case, making sure you understand what is going on the entire way. You will never be left wondering what is on the horizon. Our firm will be fighting for your rights from day one. Kevin DeVore has an office in Woodbury, Minnesota and helps clients throughout the metro including surrounding St. Paul, Lake Elmo, and Oakdale.
If you are facing a crime, you can speak immediately to Minnesota criminal lawyer Kevin DeVore at 651-435-6500. We will schedule a no-charge, initial consultation for you.