If you have been arrested for DUI/DWI, your car will be subject to the forfeiture laws in Minnesota. In Minnesota, a second degree gross misdemeanor DUI is a designated offense in terms of Minnesota forfeiture laws. Forfeiture means the state of Minnesota allows for the arresting agency to sell or keep the vehicle involved in the DUI charges. A 2nd degree DUI can arise in many different situations. For example, if a driver has three offenses in the past ten years or if the driver has one prior and refuses testing. A driver can also get a 2nd degree DUI if he or she has one prior but tests over .16 or if a child under 16 years old is in the vehicle. Forfeiture will also apply in other circumstances if the driver has a B-card restriction or if the person’s drivers license is cancelled for being inimical to public safety. To determine whether your DUI charges are subject to Minnesota forfeiture laws, contact the DUI attorneys at Keller Law Offices.
If you have been charged with a designated offense and if you or the owner of the vehicle is given a “notice of seizure and intent to forfeit the vehicle” you need to contact a d DUI attorney right away. Typically the notice is handed to the driver in court at the bail hearing or first appearance or given to the defendant in jail. In some circumstances the notice will be mailed to the home. There is only 60 days to challenge the notice to request a hearing in the matter. The vehicle will still be impounded and seized even if the car driven belongs to someone else. An “innocent owner” defense may be used in court through litigation to try to let the owners keep the vehicle. Once the 60 day time period lapses, the owner or the driver loses their right to challenge the forfeiture. The attorneys at Keller Law Offices will handle all of the filings and paper work necessary to preserve your chance to litigate the case. Do not sit and let the 60 days lapse. A second degree DUI conviction is a gross misdemeanor in Minnesota which is also subject to up to one year of jail and/or a $3,000 fine. There are also drivers license implications involved with second degree DUI convictions and charges.
Max Keller is a 24-hour criminal lawyer and has handled hundreds of forfeiture cases involved with DUI charges. Because Max Keller is a 24-hour criminal lawyer, the phones are answered in the middle of the night to offer guidance to individuals in and out of custody. A 24-hour criminal lawyer is always available and willing to talk to people who are seeking legal advice. Keller Law Offices also offers a free consultation. The 24-hour criminal lawyers at Keller Law Offices will take the time to find out the facts and circumstances before giving any legal advice. There are constitutional challenges that can be argued in vehicle forfeiture cases. To learn more about the DUI forfeiture laws in conjunction with a DUI arrest, call 952-913-1421.