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Minnesota - Vehicle Forfeiture in DUI Cases
Posted on 12/10/17 at 8:26 pm
Posted on 12/10/17 at 8:26 pm
Since DUIs seem to be the flavor of the day and everyone loves asset forfeiture - what’s the OT think about these?
A buddy of mine got pulled over in Minnesota making a beer run on vacation a few years ago. Busted for dui with a prior conviction from a few years before. In addition to losing license, fees, few days in jail... the court took possession of his car and sold it at auction. Court gets half the winnings, police dept gets half the winnings. Minnesota now averages about 6500 vehicle seizures per year, and a nice bonus goes out to the precincts that seize the most vehicles.
In addition, the vehicle doesn’t even have to belong to the drunk driver for the state to seize and sell it. If I had been with my buddy up in Minnesota and he volunteered to go on the beer run using my truck and subsequently was pulled over and arrested, the state would seize and sell my truck. Son borrows moms car for the night while out on the town.. doesn’t matter, Mom’s forced to buy a new car.
I can see how money and vehicles can be forfeited and seized in drug cases where it’s probable that those assets were bought with illegal money. But how is this legal?
Edit: Wasn’t clear, this is for people with a prior DUI on their record
A buddy of mine got pulled over in Minnesota making a beer run on vacation a few years ago. Busted for dui with a prior conviction from a few years before. In addition to losing license, fees, few days in jail... the court took possession of his car and sold it at auction. Court gets half the winnings, police dept gets half the winnings. Minnesota now averages about 6500 vehicle seizures per year, and a nice bonus goes out to the precincts that seize the most vehicles.
In addition, the vehicle doesn’t even have to belong to the drunk driver for the state to seize and sell it. If I had been with my buddy up in Minnesota and he volunteered to go on the beer run using my truck and subsequently was pulled over and arrested, the state would seize and sell my truck. Son borrows moms car for the night while out on the town.. doesn’t matter, Mom’s forced to buy a new car.
I can see how money and vehicles can be forfeited and seized in drug cases where it’s probable that those assets were bought with illegal money. But how is this legal?
Edit: Wasn’t clear, this is for people with a prior DUI on their record
This post was edited on 12/10/17 at 10:47 pm
27
Posted on 12/10/17 at 8:28 pm to ClampClampington
quote:
the vehicle doesn’t even have to belong to the drunk driver for the state to seize and sell it.
I'm not looking this up, but I'm calling bullshite.
Posted on 12/10/17 at 8:28 pm to ClampClampington
That would probably piss me off, if I wasn't a responsible adult.
Posted on 12/10/17 at 8:29 pm to ClampClampington
Sorry but I need to see a link to that.
Posted on 12/10/17 at 8:29 pm to ClampClampington
Jesus
Posted on 12/10/17 at 8:30 pm to ClampClampington
I'm guessing you're mischaracterizing some things, but if not, that's the People's Republic of Minnesota at work. 
Posted on 12/10/17 at 8:30 pm to ClampClampington
I'm very pro law enforcement. This though, is bullshite. Our government is permanently expanding. It will not get smaller. The cat is out of the bag , and it is a shame that so many people voted these fricks in. The greatest generation my arse. They raised a bunch of communist neo progressive thiefs.
Posted on 12/10/17 at 8:31 pm to ClampClampington
Civil forfeiture in this country is literally highway robbery.
Posted on 12/10/17 at 8:31 pm to ClampClampington
Not only that, say you are financing the car. You still have to pay for it even though the police stole it.
Posted on 12/10/17 at 8:32 pm to jbgleason
Posted on 12/10/17 at 8:32 pm to lnomm34
It's the law in Minnesota. Usually happens after a third offense dui but can happen on a second offense.
Posted on 12/10/17 at 8:33 pm to ClampClampington
That really is over the top. I get the intention but it shouldn't apply to most cases. If its a serial offender, then yes, seize that vehicle but for first time offender that wasn't brazen, it's too much.
Posted on 12/10/17 at 8:33 pm to Napoleon
OK then. Although OP mischaracterized aspects of the law, it does exist.
Pursuant to Minn. Stat. § 169A.63, police agencies have authority to seize permanently any vehicle used in the commission of First Degree DWI, Second Degree DWI, or any DWI occurring when the driver's privileges are Canceled IPS (inimical to public safety) or when the driver has a B Card License (prohibiting the use of alcohol or drugs). Vehicle forfeiture occurs regardless of how valuable the vehicle is or whether there is a loan on the vehicle. At times, the police will not commence forfeiture of a vehicle that has a value of less than $1,000 or that is owned by an innocent party who did not commit the alleged DWI offense. At other times, the police by error or omission will fail to forfeit a vehicle that is otherwise subject to forfeit. However, that error can be corrected by the prosecuting authority at a later date.
Generally, vehicle forfeiture does not occur in a first-time DWI offense. To be charged with Second Degree DWI or Second Degree Test Refusal, a driver must have a prior DWI offense within the previous 10 years. To be charged with First Degree DWI, a driver must have three prior offenses within the 10-year period or have a prior felony DWI conviction in the driver's lifetime. However, forfeiture can occur in a first-time incident under rare circumstances when a driver either refuses chemical testing or has a reported alcohol concentration of 0.16 or more, and has a child under age 16 in the car.
Pursuant to Minn. Stat. § 169A.63, police agencies have authority to seize permanently any vehicle used in the commission of First Degree DWI, Second Degree DWI, or any DWI occurring when the driver's privileges are Canceled IPS (inimical to public safety) or when the driver has a B Card License (prohibiting the use of alcohol or drugs). Vehicle forfeiture occurs regardless of how valuable the vehicle is or whether there is a loan on the vehicle. At times, the police will not commence forfeiture of a vehicle that has a value of less than $1,000 or that is owned by an innocent party who did not commit the alleged DWI offense. At other times, the police by error or omission will fail to forfeit a vehicle that is otherwise subject to forfeit. However, that error can be corrected by the prosecuting authority at a later date.
Generally, vehicle forfeiture does not occur in a first-time DWI offense. To be charged with Second Degree DWI or Second Degree Test Refusal, a driver must have a prior DWI offense within the previous 10 years. To be charged with First Degree DWI, a driver must have three prior offenses within the 10-year period or have a prior felony DWI conviction in the driver's lifetime. However, forfeiture can occur in a first-time incident under rare circumstances when a driver either refuses chemical testing or has a reported alcohol concentration of 0.16 or more, and has a child under age 16 in the car.
Posted on 12/10/17 at 8:33 pm to TheMailman
I have a hard time believing this unless the perp can’t afford to pay the associated fees and court costs.
Posted on 12/10/17 at 8:35 pm to lnomm34
Posted on 12/10/17 at 8:37 pm to ClampClampington
They better not let me bond out.
Posted on 12/10/17 at 8:42 pm to ClampClampington
Must suck for rental car companies.
Posted on 12/10/17 at 8:44 pm to ClampClampington
I wouldnt want to live a place where stuff like that exist.
Posted on 12/10/17 at 8:47 pm to lnomm34
quote:
I'm not looking this up, but I'm calling bullshite.
LINK
Cliff notes: Girl meets guy. Girl goes out on date with guy. Guy drives girl in her car back to where his car is parked after a date night and wine dinner. Guy gets pulled over in girls car and arrested for dui. State seizes girls car with intent to sell it and forces girl to go to court to get her car back
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