Vehicle Forfeiture Law

When Can Minnesota Police Seize a Vehicle After a DWI?

Under Minnesota’s vehicle forfeiture law, police agencies may immediately seize a vehicle that was used in the commission of certain designated offenses or conduct resulting in a designated license revocation. This most often involves a 1st Degree DWI, or a DWI involving two qualified prior impaired-driving incidents within ten years. This can occur regardless of whether the vehicle was being driven by the owner or not. All right, title, and interest in a vehicle subject to forfeiture vests in the appropriate agency upon the commission of the conduct giving rise to the forfeiture, and a seized vehicle is held in the custody of that agency subject to the court’s orders.

What Notice Is the State Required to Give After a Vehicle Is Seized?

The State is required to give notice of the seizure and intent to forfeit the vehicle. This is typically done the date of the arrest or soon thereafter if the owner is not the alleged offender. The notice is important because the deadlines are short and the procedure depends on whether the person challenging the forfeiture was the person arrested or is someone else claiming an ownership interest in the vehicle.

If you were the person arrested when the vehicle was seized, you generally have 60 days following service of the notice to file a demand for a judicial determination of the forfeiture. That demand is filed as a civil complaint in the county where the seizure occurred, with proof that the prosecuting authority was served. If the vehicle is worth $15,000 or less, the action may be filed in conciliation court. The claimant does not have to pay the court filing fee.

If you have an ownership interest in the vehicle and were not the person arrested when it was seized, you must notify the prosecuting authority of your interest in writing within 60 days of service of the notice. The prosecuting authority may then release the vehicle to you. If the prosecuting authority proceeds with the forfeiture, it must file a separate complaint against the vehicle, and the filing fee is waived.

There are certain service and filing rules that are tedious and must be followed precisely within the 60-day deadline. Otherwise, you may automatically lose the vehicle and the right to be heard in court.

What Is the Innocent Owner Defense?

Minnesota’s vehicle forfeiture law grants the owner a few ways to challenge the forfeiture. The most common defense raised is the “innocent owner” defense. Read our blog on this defense and how it is both a time-sensitive and fact-intensive inquiry. Of note, case law has held that simply knowing that the offender consumed alcohol does not amount to knowing that the vehicle would be used in a manner contrary to law – i.e., result in a DWI or even driving without a valid license.

Under the statute, an asserting person must prove an actual ownership interest in the vehicle and must prove that the person did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law, or that the person took reasonable steps to prevent use of the vehicle by the alleged offender. The State also has burdens at the hearing, including proving that the seizure was incident to a lawful arrest or lawful search and certifying that charges have been filed, or are intended to be filed, for a designated offense, or that the driver has a designated license revocation.

Because of this, it is highly recommended that any person raising this defense obtain a vehicle forfeiture attorney to help build your case up. It’s critical to have the right evidence and witness(es) in order to demonstrate you are, in fact, an innocent owner. And an experienced vehicle forfeiture law attorney can be critical in making the right arguments and/or submitting briefs to the Court for its review.

What Happens If the DWI Case Does Not End in a Designated Offense?

In addition to this “innocent owner” defense, the owner may succeed if the basis for the forfeiture is the commission of the designated offense and the offender appears in court and is not convicted of that designated offense. For example, if the forfeiture is based on a DWI with two qualified prior impaired-driving incidents and the criminal case is resolved in a way that is not a designated offense, that can matter a great deal. Likewise, the statute ties forfeiture to a designated license revocation in certain cases.

Because of this, judicial review will often depend on the related criminal proceedings or license-revocation proceedings. A vehicle is presumed subject to forfeiture if the driver is convicted of the designated offense upon which the forfeiture is based, or if the driver’s conduct results in a designated license revocation and the driver does not timely seek judicial review, or the revocation is judicially reviewed and sustained.

Who Pays the Storage Fees While the Vehicle Forfeiture Case Is Pending?

It’s worth stressing that if you proceed with judicial review, you should discuss storage fees with your attorney and ask the Court for the appropriate order regarding those fees. The State will of course balk at a request that it bear responsibility for the storage fees of your vehicle. But, both statutes and case law support your request and failing to do so could cost you thousands.

At the same time, the current innocent-owner statute includes specific rules for certain costs. If the court determines that an asserting person is an innocent owner and orders the vehicle returned, the entity in possession of the vehicle is not required to release it until the innocent owner pays reasonable towing, seizure, and storage costs incurred before the innocent-owner notice was provided, and any reasonable storage costs incurred more than two weeks after the return order.

Can You Negotiate to Get the Vehicle Back?

Owners may be able to negotiate a buy-back agreement with the prosecuting agency and/or arresting agency. In this situation, the owner would negotiate to buy back the forfeited vehicle under certain agreed-upon terms and conditions.

The statute also allows a person with an interest in forfeited property to petition the prosecuting authority for remission or mitigation before a court order disposes of the forfeiture action. The prosecuting authority may remit or mitigate the forfeiture upon terms and conditions it deems reasonable if the statutory standards are met.

Can the Owner Get the Vehicle Back Before the Case Is Over?

Current law also provides ways to seek possession or return of a vehicle, subject to certain terms and conditions. For example, an owner who seeks possession before the forfeiture action is determined may be able to post security or bond in an amount equal to the retail value of the seized vehicle, with the forfeiture action then proceeding against the security as if it were the vehicle. This does not apply when the vehicle is being held for investigatory purposes, and the statute requires a disabling device if the vehicle is returned under that procedure.

A recent law change, though, now permits the owner to get their vehicle back, subject to certain terms and conditions. Read this blog here for a more detailed breakdown of how you can get your vehicle back.