If you are charged with a DWI in the state of Minnesota and your vehicle is subject to forfeiture, you have the right to challenge the State’s forfeiture attempt and demand a judge to review your claim. The Minnesota Supreme Court recently ruled that the State may only forfeit your vehicle when you are convicted of a ‘designated offense.
For example, if you are charged with first- or second-degree DWI but plead to third- or fourth-degree DWI, the State may not forfeit your vehicle. Vehicle forfeiture is a separate civil suit from the criminal case and requires action on the driver’s behalf. There are four designated offenses, but the main two are for first and second degree DWIs.
It is important that you act quickly in order to have a judge review your claim. You only have 60 days from the date you receive notice to challenge the forfeiture. If you do not challenge it, you are waiving your rights.
It is always best to discuss vehicle forfeiture and your legal options with an attorney as soon as possible due to these urgent deadlines. Contact Brandt Kettwick Defense at 763-421-6366 for a free, no obligation consultation.