They took my car! Plate and Vehicle Seizure in MN
Kelly
Law Office
100709 Wayzata Blvd. #205
Minnetonka, MN 55305
Phone: (952) 544-6356
Fax: (952) 525-7924
Mobile: (612) 735-3797
dave@kelly-law.com
AT A GLANCE
ADMINISTRATIVE IMPOUNDMENT OF PLATES
The Minnesota Commissioner of Public Safety is required to issue an order impounding your license plates any time your driver's license or driving privileges are revoked under the following circumstances:
1) as a result of having a blood alcohol test reading is of over .20 percent,
2) within ten years of one prior alcohol related driving offense (conviction or prior revocation),
3) driving while impaired when there is a child under the age of 16 in the motor vehicle, or
4) several other situations too numerous and complicated to set forth here.
This is done even if the
vehicle is owned jointly with another individual. The police act as
agents for the commissioner for this purpose, and can seize your
license plates at the time they arrest you. The statute says that
the police are to destroy the plates (Sec. 169A.60, Subd. 4), so
even if a friend was driving your car in your absence, you will have
to apply for and get new plates.
The person whose plates are impounded has thirty days to ask for
judicial review of the impoundment, and may ask for an
administrative review at any time during the effective period of an
impoundment. These reviews might not do you much good, unless you
can clearly show that the police made a really serious mistake (such
as taking the plates off the wrong car) or that you were not guilty
of the underlying driving violation.
"SPECIAL REGISTRATION PLATES" EXPLAINED
It's not exactly a scarlet letter in the middle of the forehead as described in Nathaniel Hawthorne's novel, but it's the closest we've come as far as I know to publicly branding an offender since colonial times. Once your plates have been administratively impounded, "special registration plates" which bear a series of numbers which will identify your car as one which has been involved in an alcohol-related offense are available for a fee of $50 if you are able to get a limited license to drive to and from work. These special plates are also available if:
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a member of your household has a valid driver's license:
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the registered owner of the vehicle is not the "violator" and has a valid license; or
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the "violator" has finally been issued a valid driver's license.
The "special registration plates" might sound like a good deal, but the problem with them is that you can't get rid of them and get normal license plates until after one full year. The standard practice seems to be that people are getting their regular plates back after one year and one day from the date of seizure of the plates.
I keep getting questions about whether the person who has been issued special plates may drive other vehicles that don't have the special plates, such as a car belonging to one's employer. Minnesota Statutes Section 169A.37(5) seems to clearly say that the answer is no. I have never seen any tickets issued for violation of this section, but please don't you be the first to get one.
VEHICLE FORFEITURE
Some clients are shocked to learn that all it takes is a second offense with a reading of over .20, and their car is gone. If this happens to you, get to our office right away. In some cases, there's not much that can be done; but in others we can help dramatically. When the car is not paid for, arrangements can usually be made to return it to the finance company. If the vehicle did not belong to the driver, the true owner of the car has a good chance of getting it back , but must within thirty days file a "Demand for Judicial Determination of Forfeiture of Motor Vehicle (Minn. Stat. Sec. 169.63, Subd. 8)." See the following section for a discussion of this process.
Your motor vehicle may be
seized and kept by the state of Minnesota under either of two
circumstances: 1) it was used in the commission of a "designated
offense" or 2) it was used in conduct resulting in a "designated
license revocation."
"Designated offense" includes:
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Driving which satisfies the definition of "first degree driving while impaired." You are guilty of "first degree driving while impaired" if two of the following three factors are present: 1) the offense is within ten years of a prior alcohol or drug related offense; 2) your reading was over .20 percent blood alcohol content; or 3) a child under the age of 16 is in the vehicle if the child is more than 36 months younger than the offender.
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An alcohol-related driving offense while your driving privileges have been cancelled because you are "inimical to public safety," or such an offense when it is in violation of the provisions of a restricted license.
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An alcohol-related driving offense while subject to a driver's license restriction which provides that the person may not use or consume any alcohol or controlled substance.
"Designated license revocation" includes:
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An alcohol-related license revocation within ten years of two prior impaired driving convictions, two prior license revocations, or a prior impaired driving conviction and a prior license revocation, based on separate incidents.
So far the forfeiture statute has been holding up under constitutional challenges. It has already been found by the Minnesota Court of Appeals to not constitute double jeopardy.
SOMEONE ELSE WAS DRIVING MY CAR!
If your car was seized but you were not the driver, you have a good chance of getting it back. The only way to get it back, however, is to file a "Demand for Judicial Determination of Forfeiture of Motor Vehicle (Minn. Stat. Sec. 169.63, Subd. 8)." You have 30 days from the date of the seizure to do this, and if you miss that deadline, the vehicle is gone for good. We strongly recommend that you engage the services of a competent attorney to assist with this.
Before filing the Demand, it has to be served on the prosecuting attorney for the jurisdiction which seized the vehicle. Once the demand is filed with the Court, the Court Administrator's office will assign a judge. Your attorney should contact the judge's clerk to get a hearing scheduled. Since these hearings are usually short, most judges will schedule the hearings relatively quickly. What seems quick to us lawyers in the scheduling of a hearing may not at all seem quick to you, especially if you really need the vehicle. The hearing might not take place for at least a couple of months. /span>
At the hearing you have to show how the person who was arrested was driving without your permission. One way or another, you never intended to have the other person driving your vehicle while intoxicated. If you can't show this, the car is probably gone for good and there may be little we can do. On the other hand, you should never assume that you can't win on this issue until after you discuss it with your lawyer. Various situations have various variables - you can quote us on that.
Sometimes even in seemingly bad looking cases, deals can be negotiated. Lots of vehicles, particularly ones that aren't paid for, aren't worth the trouble and expense as far as the authorities are concerned. Be ready to pay the cost of storage and towing and perhaps a bit additional. And whatever your lawyer wants for his or her fee, it's probably reasonable.
Kelly Law Office represents dwi dui oui drunk driving clients throughout the Twin Cities - Minneapolis, Minnesota area including Champlin, Crystal Bay, Dayton, Eden Prairie, Excelsior, Hamel, Hopkins, Howard Lake, Long Lake, Loretto, Maple Plain, Minneapolis, Minnetonka Beach, Minnetonka, Mound, Navarre, Osseo, Rogers, Saint Bonifacius, Saint Paul, Spring Park, Wayzata, Young America, Bloomington, Edina, St. Louis Park, Wayzata, Plymouth, Maple Grove, Brooklyn Park, Anoka, Shakopee, Hastings, Eagan, Burnsville, Buffalo, Waverly, Montrose, Hennepin County, Anoka County, Carver County, Scott County, Ramsey County, Dakota County, and Wright County.
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