How can I get my vehicle back after forfeiture?
Roseville, MN DWI defense attorney Dan Koewler explains how he can get your vehicle back after forfeiture.
Email: [email protected]
Phone: (651) 604-0000
There’s a variety of different ways to get somebody’s vehicle back in a DWI case but it all starts with filing a petition challenging that forfeiture. The current state of Minnesota law is we have 60 days to file a petition once we do it opens up that whole variety of defenses we can raise. Innocent owner is a popular defense. If the person that was driving the vehicle is the different than the person that actually owns it, we’ve got a defense to get that vehicle returned free and clear. If we can win the criminal case, if we can get it so that the state isn’t able to convict somebody of a forfeitable offense the state is going to have to return that vehicle. We’ve also won on a variety of constitutional challenges. Forfeiture statutes are very, very strictly disfavored and the press has been getting more and more upset at how forfeiture is being used to enrich law enforcement and penalize people that probably don’t deserve to be penalized and that’s opened up some constitutional challenges. We’ve gotten judges to find certain provisions of the forfeiture statue unconstitutional that’s just another way to get somebody’s vehicle back when the state tries to forfeit it.