2005-11-30 CC Packet - Laserfiche WebLink

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· Certified driving record demonstrating aggravating factors of prior qualified impaired driving incidents and license status under S 171.04, subd. 1 (1 0) and S 171.09 · Certified registration for the vehicle or other proof that offender has legal entitlement to it · Copy of underlying police reports to demonstrate the vehicle seized is the vehicle used to commit the designated offense. It may be necessary to present the testimony of the arresting officer to demonstrate connection between vehicle and designated offense, in addition to the aggravating factors of child endangerment or .20 or more alcohol concentration, if no 151 or 2nd degree DUI conviction was obtained. Once the elements of forfeiture have been proven, the burden shifts to the claimant to prove any affirmative defense. There is no right to a jury trial and the judicial determination under S 169A.63, subd. 9 must not precede adjudication of the underlying criminal offense without the permission of the prosecutor. 7. Appeal In District Court there is a 60-day appeal period from the entry any final civil judgment or earlier written notice of its filing by a party under Minn.R.Civ.App.P. 104.01. If there are post-decision motions, the appeal period starts when the last order deciding the motion is filed. Let the appeal period expire prior to selling the vehicle. In conciliation.court, Minn.R.Prac. 521 provides a 20 day period to remove conciliation court judgments to district court for a trial de novo. Minn.R.Prac. 520 provides a 20 day period for re- opening a default conciliation court judgment with a longer period available if the defendant can show lack of notice or good cause. 8. Sale of Forfeited Vehicle A certified copy of the court's order granting forfeiture will transfer title into the forfeiting agency's name. If there is a bona fide lien hold or leasehold interest the forfeiting agency should provide that party with advance notice of the time and place of the intended sale under subdivision 7(b), although such notice is no longer mandatory. C. Timelines for Vehicle Claimant 1. Filing the Demand If the claimant fails to demand judicial review of the forfeiture exactly as prescribed in S 169A.63, subd. 8, within 30 days following service of the Notice, the right to judicial 11 5/