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Vehicle Forfeiture in Minneapolis
Was Your Vehicle Seized After a DWI Arrest?
According to Minnesota Statute § 169A.63, vehicle forfeiture can occur when a car is used to commit a criminal act—which includes driving while intoxicated (DWI) offenses. This means that, in certain DWI cases, the arresting agency has the authority to seize and forfeit the motor vehicle that was used. If the vehicle is not recovered by the owner, the agency has the right to sell it and keep the profits.
If your vehicle has been seized by the police, we encourage you to learn more about your options by contacting a Minneapolis DWI defense lawyer.
Here are five reasons why we should be your first call after a DWI arrest:
- We are available to take your call 24 hours a day, 7 days a week
- Both of our partners have experience as former prosecutors
- We have handled hundreds of jury trials throughout the state
- Our lead attorney is a board certified criminal law specialist
- We will start your case with a 100% free, no-obligation consultation
DWI Offenses That Can Result in Vehicle Forfeiture
In Minnesota, your vehicle can be seized if you commit any of the following offenses:
- You are charged with your fourth DWI offense in 10 years (which is a felony).
- You are charged with your third DWI or test refusal offense in 10 years.
You are charged with your second DWI offense in 10 years, and:
- A child under the age of 16 was in the car; or
- You were driving with a BAC of .20% or higher.
- You are charged with DWI or test refusal while your license is under cancellation.
- You are charged with DWI while you have a B-Card restriction on your license.
You Only Have 30 Days to Request a Hearing
Once your vehicle has been seized by a law enforcement agency in Minnesota, you will receive an administrative notice of vehicle forfeiture, also known as “Notice of Seizure and Intent to Forfeit Vehicle.” From this point, you will only have 30 days to file a demand for a judicial determination of the forfeiture—which is a hearing to determine the legal validity of a vehicle seizure and forfeiture.
You should also know that your vehicle can only be kept and sold if you are convicted of the DWI offense for which you have been arrested, or your driver’s license is revoked under the state’s implied consent law. If you are able to defend yourself against the DWI charge and license revocation, you can avoid the forfeiture of your vehicle. This is why it is pivotal for you to hire an experienced DUI defense attorney.
We’re Available 24/7 – Call Our Minneapolis DWI Attorneys
If your vehicle was seized after a DWI arrest, it is imperative that you contact a Minneapolis DWI lawyer at Caplan & Tamburino Law Firm, P.A. as soon as possible. You have a very short window of time to contest the forfeiture, so timely action will be crucial. Our firm is ready to put 100+ years of collective criminal defense experience to work for you – give us a call today to find out how we can help.
If your vehicle was seized, you need to act fast! Call our firm 24/7 for your free consultation.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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We’ll start your case with a FREE, no-obligation consultation
Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
We have represented thousands of clients and we have handled hundreds of jury trials
Our attorneys have worked as prosecutors and public defenders throughout the state
Our team is available 24/7 – when our clients need us, we’re there for them
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