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Started By
Message
re: Minnesota - Vehicle Forfeiture in DUI Cases
Posted on 12/11/17 at 8:31 am to celltech1981
Posted on 12/11/17 at 8:31 am to celltech1981
See, you would think that is the truth but it isn't.
I don't on real life wish bad on others, but some of y'all need to open your eyes.
I don't on real life wish bad on others, but some of y'all need to open your eyes.
Posted on 12/11/17 at 8:32 am to kywildcatfanone
I'd be in favor of this law being enacted in Louisiana but only after the 3rd DUI in 5 years.
Posted on 12/11/17 at 8:32 am to Napoleon
quote:
No one should lose a vehicle over a misdemeanor.
Multiple DWI's are usually felonies.
quote:
a.) The current offense is the 3rd offense within 10 years and the driver is now charged with DWI or test refusal. (Second Degree DWI).
b.) The current offense is the 2nd offense within 10 years and the driver is now charged with DWI with a child under the age of 16 present, or driving with an alcohol level of 0.20% or more. (Second Degree DWI).
c.) The current offense is the fourth offense within 10 years and the driver is now charged with felony DWI. (First Degree DWI).
d.) The driver is charged with any form of DWI or test refusal while the driver’s license is under cancellation for being inimical to public safety.
e.) The driver is charged with any form of DWI or test refusal while the driver’s license is subject to a restriction prohibiting consumption of any amount of alcohol or controlled substance (B-Card restriction).
This post was edited on 12/11/17 at 8:36 am
Posted on 12/11/17 at 8:33 am to jbgleason
quote:
Although OP mischaracterized aspects of the law
quote:
Pursuant to Minn. Stat. § 169A.63, police agencies have authority to seize permanently any vehicle used in the commission of First Degree DWI
Sounds like a great deal for the county. Its a pity that their leo are now tax collectors though
Posted on 12/11/17 at 8:38 am to xxGEAUXxx
quote:
They don’t go around seizing DUI vehicles. Yes the will suspend your license, impound the vehicle and take your license plate. But not your vehicle.
There was a time in NY where the police here would run the ultimate racket. They would charge you with everything under the sun to make sure you didnt make bail, then only drop the criminal charges once your civil forfeiture case was defaulted because you couldnt make it to trial (because youd still be behind bars).
The entire enterprise of asset forfeiture a huge racket.
This post was edited on 12/11/17 at 8:40 am
Posted on 12/11/17 at 9:30 am to NYNolaguy1
quote:
Pursuant to Minn. Stat. § 169A.63, police agencies have authority to seize permanently any vehicle used in the commission of First Degree DWI
"First Degree DWI" is the most severe without killing somebody.
Posted on 12/11/17 at 10:39 am to Napoleon
quote:
I don't on real life wish bad on others, but some of y'all need to open your eyes.
my eyes are open. I was responding to a guy who was fine with it because he planned to do nothing wrong.
Posted on 12/11/17 at 11:25 am to LakeViewLSU
quote:This, frick those people for putting up with that.
I wouldnt want to live a place where stuff like that exist
Posted on 12/11/17 at 11:42 am to cattus
Michigan is just as bad. Medical marijuana is legal, yet some police will seize propery and then the owners if said property have to prove they were operating legally.
Posted on 12/11/17 at 11:48 am to Napoleon
quote:
Michigan is just as bad. Medical marijuana is legal, yet some police will seize propery and then the owners if said property have to prove they were operating legally.
I oppose all asset forfeiture, just because of this , they ARE seizing your property without a guilty verdict. That is wrong. Now if want to seize your vehicle if you are found guilty of a DUI, that's a different matter altogether.
At a minimum money and property should be put in escrow and if you are found not guilty, you get your property back immediately. If not, THEN the government is able to seize it.
Posted on 12/11/17 at 12:27 pm to celltech1981
quote:
if you are doing nothing wrong you have nothing to hide.....
I agree.
I also think police should be able to enter your house without warrant at any time and seize it if they find anything illegal.
Posted on 12/11/17 at 12:50 pm to celltech1981
quote:
if you are doing nothing wrong you have nothing to hide.....
Another believer in general warrants. You arent British by any chance are you?
Posted on 12/11/17 at 12:52 pm to DuckManiak
What if its stolen vehicle or taken from a family member/friend without permission?
Posted on 12/11/17 at 1:03 pm to ClampClampington
quote:
A motor vehicle is subject to forfeiture under this law only if its owner knew or should have known of the unlawful use or intended use of the vehicle.
This should get anyone out of it that loans a car to a buddy and he/she uses it (to the owners knowledge) to get from point A to B drunk. If you knew they were on a beer run while embibing you would be screwed.
Regardless, the civil forfeiture process is extremely unconstitutional.
This post was edited on 12/11/17 at 1:05 pm
Posted on 12/11/17 at 1:06 pm to ClampClampington
No problem with this since the person didn't learn the first time.
Posted on 12/11/17 at 1:19 pm to NYNolaguy1
I was being a smartass. I ain't a nazi
Posted on 12/11/17 at 1:24 pm to 50_Tiger
quote:
No problem with this since the person didn't learn the first time.
I have no patience for a DUI either, but I find it peculiar that it gets so much hate compared to speeding or other public safety issues.
Would anyone be okay with having your vehicle seized after your 3rd speeding offense in 10 years?
Posted on 12/11/17 at 3:32 pm to ClampClampington
Several states do this. Here in Louisiana, they can seize and forfeit a vehicle on a third offense or higher. In other words, it's not the drunk's first rodeo.
Posted on 12/11/17 at 5:28 pm to slackster
quote:
Would anyone be okay with having your vehicle seized after your 3rd speeding offense in 10 years?
I think it would be stupid to extend it to speeding. That said, if that is what the law said it would stupid for me to complain about being caught for the 3rd time in 10 years.
It's sort of like how I feel about people who bitch about losing a job after testing positive for MJ. I couldn't care less what you do on your own time to get high. But if you know what the rule is, however asinine it may or may not be, it's your fault if you get caught.
Posted on 12/11/17 at 5:34 pm to foshizzle
quote:
I think it would be stupid to extend it to speeding. That said, if that is what the law said it would stupid for me to complain about being caught for the 3rd time in 10 years.
So you think a law has validity just because it's a law?
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