2005-11-30 CC Packet - Laserfiche WebLink

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(1) A violation of 9169A.20 (DUI) under the circumstances described in 9 169A.24 (lSI degree felony DUI) or 9169A.25 (2nd degree DUI) ; (2) A violation of 9169A.20 by a person whose driving privilege have been canceled as inimical to pUblic safety under 9171.04, subd. 1 (1 0); (3) A violation of 9169A.20 by a person whose driving privileges are subject to a restriction under 9171 .09 that prohibits any use or consumption of any amount of alcohol or a controlled substance. The vehicle must have been used in committing that designated offense or designated license revocation, and its driver: (1) is convicted of the offense; (2) fails to appear for a scheduled court appearance in the prosecution of the designated offense and does not turn himself into the court within 48 hours of that scheduled court appearance; or (3) fails to contest or loses the contest with respect to the license revocation relating to the underlying impaired driving offense for those designated offenses including a 3rd DUI in 10 vears onlv. The vehicle remains subject to the interest of bona fide lienholders or lessors, unless that party knew or consented to the act upon which forfeiture is based and failed to take reasonable steps to terminate that use. If the vehicle is owned by another, it is subject to forfeiture if the owner knew or should have known that the offender's use would be contrary to law and failed to take reasonable steps to terminate that use. A. 'Use in the Commission' Forfeiting agencies generally seize the vehicle incident to the arrest of the driver and retain custody of it pending the outcome of the forfeiture action. Its VIN number should be noted on the police reports. An affidavit from the law enforcement officer regarding the vehicle's chain of custody conclusively establishes this element. B. 'Designated Offense' It must have been committed under the circumstances set forth in either 9169.24 (1 sl Degree DUI) or 9169A.25 (2nd Degree DUI) if the driver's license was not previously under cancellation as inimical to public safety under 9171.04, subd. 1 (l 0) or restricted so as to prohibit any use of alcohol or controlled substance under 9171.09. There have been inconsistent district court opinions and no appellate court decision as to whether or not the offender be convicted of the specific 1 sl Degree or 2nd Degree DUI offense, or only that there be a DUI conviction for 9169A.20 and proof by a preponderance of the evidence of the circumstances set out in 9169A.24 or 9169A.25, such as a certified driving record or by certificates of conviction, or intoxilyzer certificate indicating an alcohol concentration of .20 or more or an officer's sworn statement relating to the presence of an endangered child. 414