Minnesota Forfeiture Lawyers & Attorneys
If you have been charged with driving under the influence, you need to make sure that you retain the services of a qualified and experienced DWI lawyer immediately. Kevin DeVore has the experience necessary to fight your case effectively and the commitment required to make sure that you always know that we are at your side.
You must keep in mind that the penalties associated with a DWI include:
- Significant jail time
- Large penalties
- Loss of your drivers license
- License plate impoundment
- Motor vehicle forfeiture
Many people do not realize that in Minnesota today it is possible that your motor vehicle can be impounded as a result of DWI stop. This stark reality only underscores the need for you to obtain a qualified and committed criminal defense lawyer … now. Contacting a Minnesota Forfeiture Attorney sooner than later allows a defense attorney to properly prepare your case for a hearing.
Understanding Motor Vehicle Forfeiture in Minnesota
The concept of property forfeiture is nothing new to the criminal justice system on either the state nor the federal level. In reality, the Minnesota motor vehicle forfeiture law is no different than any of the other types of seizure laws that have been on the books for quite some time.
Under the Minnesota forfeiture law, you can face a forfeiture of your automobile even on a first time DWI charge if certain so-called aggravating exists. In addition, a forfeiture can occur in these situations:
- You are convicted of driving while intoxicated. In most cases this would be your third conviction in ten years.
- Your driver’s license is revoked for the third time in ten years; however, there are circumstances in which you can face forfeiture for a first or second time revocation.
Pursuant to the Minnesota motor vehicle forfeiture law, a law enforcement officer actually has the legal authority to seize the motor vehicle of a driver suspected of DWI at the time of the arrest. Following the seizure itself the prosecuting attorney will serve notice of intent to seek a forfeiture of the motor vehicle.
The forfeiture process itself initially takes place through what are known as administrative proceedings. Rather than taking place in a court of law, an administrative hearing will be scheduled within thirty days of the seizure of the vehicle, administrative proceedings that are similar to what takes place in regard to a driver’s license suspension.
Although these proceedings do take place initially in an administrative setting, Kevin DeVore can assist you filing what is known as a petition for a judicial determination of the proposed forfeiture of your motor vehicle. You need to keep in mind that there are specific time frames in which these procedures need to be taken. You cannot waste time in hiring a lawyer if you are intent on protecting yourself from the various penalties associated with driving while intoxicated, including vehicle forfeiture.
There are a few other factors associated with vehicle forfeiture that you need to understand and be aware of:
- Only the vehicle that was driven by the person suspected of driving while intoxicated is subject to forfeiture.
- Any other vehicle that might be owned by the driver is not subject to being forfeited.
Kevin DeVore By Your Side
Kevin DeVore understands the court system can seem like a maze. Kevin will be at your side from the beginning to the end of your case, making sure you understand what is going on the entire way. You will never be left wondering what is on the horizon. We will be fighting for your rights from day one.
If you are facing a crime, you can speak immediately to Minneapolis Criminal Lawyer Kevin DeVore at . We will schedule a no-charge initial consultation for you.