2005-11-30 CC Packet - Laserfiche WebLink

Home Browse Search

OVERVIEW Minnesota Statutes S 1 69A.63 DUI forfeitures are civil in rem actions against the instrumentality of what the legislature has classified as a particularly serious DUI offense ("designated offense"). The cause of action is not against the driver, but the vehicle. The vehicle does not have to be used by its owner in committing the qualifying DUI for it to be subject to forfeiture. The DUI offender does not have to be convicted of the DUI for the vehicle to be forfeited, in some cases a sustained license revocation is sufficient. Negotiation in the criminal case resulting in conviction of a lesser degree of DUI offense is not always fatal to the forfeiture. A forfeiture action starts with law enforcement's seizure and impoundment of the vehicle used to commit a designated offense and its service of the notice required by S 1 69A.63, subd. 8 (b). It concludes either upon: 1 .) the filing of an Administrative Forfeiture Certificate upon the expiration of the 30-day window for contest where no claimant files a Demand; or the filing of a certified court order denying or granting forfeiture. The basic elements of a successful forfeiture are: 1.) Was the vehicle used to commit a DUI offense? 2.) Did that DUI offense, as charged, qualify for forfeiture by virtue of driver's license status or the presence of aggravating factors? If the vehicle owner was not the driver, did the owner know or should have known that it be used by the operator in violation of law so that it was incumbent on the owner to take reasonable steps to prevent or terminate that illegal use? Was the operator either convicted of an 151 or 2nd degree impaired driving offense or any impaired driving offense with proof possible by a preponderance of the evidence of qualifying aggravating factors or was there a qualified sustained license revocation (arising out of the use of this vehicle)? Forfeiture actions valued at $7500 or less can be heard in conciliation court at the option of the claimant - most forfeiture cases are now litigated there. These cases can be removed or appealed to the district court by either party. The claimant can also choose to file the action in district court. There is no jury entitlement and most forfeitures are capable of determination by summary judgment. These proceedings are governed by the Rules of Civil Procedure. 2.) 3) 4) While the forfeiture action is pending, the forfeiting agency, that is the law enforcement agency making the arrest for designated offense. (s 169A.63, subd. 1 (b ))has only a right to possess the vehicle and has a duty to secure it and prevent waste. Should forfeiture be granted, the 21,2,