Minnesota Vehicle Forfeiture Lawyer & Attorney
A motor vehicle can be forfeited if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation. A designated offense is a violation of a First or Second Degree Driving While Impaired crime. A First Degree Driving While Under the Influence of Alcohol is a fourth time offense or an offense following a conviction for a felony DWI or Criminal Vehicular Operation (CVO). A Second Degree Driving While Under the Influence of Alcohol is a second or third time offense or an offense where there are at least two aggravating factors present.
This means that it is possible that a person’s vehicle could be forfeited on a second-time conviction if either the driver had an alcohol concentration of .20 or more or refused the chemical test. Further, the State could pursue forfeiture of the vehicle for a first time offender if injuries result from an accident or the offender has a child in the vehicle and tests over .20 or refuses chemical testing.
Highly qualified and experienced lawyers at Caplan & Tamburino Law Firm, P.A. can help you challenge the forfeiture of your vehicle. Attorneys at Caplan & Tamburino Law Firm, P.A. have succeeded many times at trial by convincing the court to return their client’s forfeited vehicles.
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Forfeiture Defenses
Various defenses can be employed in challenging the forfeiture of a driver’s vehicle. Challenging whether or not the driver actually committed a designated offense is one such defense. Another applicable defenses include the innocent owner defense.
The innocent owner defense is one of the most common defenses. A vehicle is not subject to forfeiture if its owner can demonstrate by clear and convincing evidence that the owner did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to the law or that the owner took reasonable steps to prevent use of the vehicle by the offender.
Please call an attorney at Caplan & Tamburino Law Firm to find out if your vehicle is subject to forfeiture and whether an applicable defense applies.
Forfeiture Must Be Challenged Within 30 Days
The owner of a forfeited vehicle can challenge the forfeiture by filing a Demand for Judicial Determination within 30 days of receiving the notice of seizure and forfeiture. It is imperative that the challenge be filed in a timely manner. This challenge is complicated and it is important to seek an experienced DWI lawyer who has tried many civil forfeiture cases.
The attorneys at Caplan & Tamburino Law Firm, P.A. often can work with the city or county attorney and the law enforcement agency to stop the forfeiture process. It is important to get an attorney involved immediately upon receiving notice that your vehicle is subject to forfeiture. Sometimes early negotiations can prevent the need to file a challenge the forfeiture. This can result in return of your vehicle and avoidance of the expensive court filing fees.
Contact Caplan & Tamburino Law Firm, P.A.
Our Minnesota Forfeiture Lawyers represent clients throughout Minnesota and Wisconin, including the Twin Cities areas of Minneapolis and St. Paul, Anoka, Andover, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Chanhassen, Chaska, Columbia Heights, Eagan, Eden Prairie, Edina, Elk River, Hudson, Lakeville, Lino Lakes, Maple Grove, Maplewood, Minnetonka, Moundsview, Plymouth, Richfield, Roseville, White Bear Lake and Woodbury. We also represent clients in other parts of the state including Duluth, Rochester, Mankato, St. Cloud, Brainerd, Moorhead and beyond.
Serving statewide in Minnesota and Wisconsin, including Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Wright County, Sherburne County, Scott County and Carver County.
Contact the Caplan & Tamburino Law Firm, P.A. by calling 612.341.4570 to schedule a free consultation with an experienced Minneapolis, St Paul, Twin Cities, Minnesota, DWI Lawyer.