Under Minnesota law you might be subject to vehicle forfeiture in the succeeding situations:
(1) If your prevailing behavior is a Driving While Intoxicated or Denial to be given a breathalizer, and two or more of the following apply to your situation:
(a) A Prior Driving While Intoxicated Revocation/Conviction inside 10 years of this violation;
(b) An Alcohol Content of 0.20% or more; and/or
(c) A youngster below 16 years of age in your car, who is also thirty-six months junior to you, at the time of the violation;
(2) If your prevailing violation is a Driving While Intoxicated and you were operating a motor vehicle after being suspended Inimical to Public Safety (IPS) by the Department of Public Safety or you had a license regulation on the use of alcohol at the time of your infringement; or
(3) If you are blameworthy of 2d Degree DWI or Refusal.
The government begins with car forfeiture by serving you with a Notice of Seizure and Intent to Forfeit Motor Vehicle.
*Recognize the fact that, as with your Civil-DWI suit regarding your license revocation and plate seizure, you only have 30 days from the day of the Notice of Seizure and Intent to Forfeit Motor Vehicle to record with the court and legally serve upon the government a Forfeiture Petition demanding a judicial hearing contesting the lawfulness of the vehicle forfeiture; failure do to so means:
You relinquish any rights and issues that could or should have been raised even if you possess a winning argument!
That is, failure to rightfully serve and file a Forfeiture Petition leads to the instant forfeiture of your motor vehicle (in essence, you will not receive the legal standing to get your car back).
If you retain me as your lawyer, I will file the Forfeiture Petition and take steps for the return of your automobile as soon as possible. In addition, depending on the territorial dominion of your automobile forfeiture, I may be able to directly get your vehicle returned to you.
Dependent upon the county of your DWI, I will also submit a motion asking that your plate impoundment be "stayed" (i.e., that your regular license plates be returned to you) pending the result of your criminal lawsuit so that you do not have to drive around with Special Plates.
If you are charged with a crime in Minnesota, you need the best MN DWI Attorney. Call us. We can help you out.
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