Minnesota Instructions — Judicial Review of Motor Vehicle Forfeiture for Alcohol Related Offenses (more than $15,000) is a legal process that requires a court review of any forfeiture of a motor vehicle due to an alcohol-related offense in the state of Minnesota. This process applies to any forfeiture of a motor vehicle with a value of more than $15,000. The process begins with the filing of a Petition for Judicial Review of Motor Vehicle Forfeiture. This petition must be filed within 30 days after notice of the forfeiture was sent. The petition must include a copy of the notice of forfeiture, a statement of the facts surrounding the forfeiture, and a legal argument regarding why the defendant believes the forfeiture should be reversed. The court then reviews the petition and holds a hearing. At the hearing, the defendant has the opportunity to present evidence and make arguments in support of their case. The court may then order a return of the motor vehicle, or uphold the forfeiture. There are two types of Minnesota Instructions — Judicial Review of Motor Vehicle Forfeiture for Alcohol Related Offenses (more than $15,000). The first type is a Petition for Judicial Review of Motor Vehicle Forfeiture. The second type is a Hearing on Petition for Judicial Review of Motor Vehicle Forfeiture.
Minnesota Instructions - Judicial Review of Motor Vehicle Forfeiture for Alcohol Related Offenses (more than $15,000)
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FAQ
Vehicle Forfeitures Under the updated DWI law, first-time offenders are no longer at risk of vehicle forfeiture. Instead, vehicle forfeiture is only imposed on First Degree DWIs or for individuals who have received their third DWI in 10 years.
Vehicle subject to forfeiture. (a) A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation.
If you believe you are an innocent owner, you may bring an innocent owner claim by notifying the prosecuting authority of your ownership interest in writing no later than 60 days after being served with the Notice of Seizure and Intent to Forfeit.
In Minnesota, you do not lose your driver's license immediately following a DWI arrest. However, the state can begin the process of revoking your driving privileges right away?long before you are ever convicted of a crime.
Under Minnesota's vehicle forfeiture law, police agencies may immediately seize a vehicle that was used in the commission of certain designated offenses ? most notably a 1st or 2nd Degree DWI. This can occur regardless of whether the vehicle was being driven by the owner or not.
Minnesota law allows the state to take possession of a person's property under certain circumstances. The process of judicial forfeiture allows law enforcement to seize property, but prevents the government from selling, destroying, or otherwise disposing of the property until a court order grants that power.