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2005-11-30 CC Packet
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2005-11-30 CC Packet
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5/9/2006 2:37:51 PM
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<br />Negotiated transfers to family or household members of the <br />repeat DUI offender are not favored by forfeiting agencies. Not only is <br />there an undeniable increased risk that the vehicle might again be used <br />to commit a designated offense, but the purchaser will have practical <br />difficulties in complying with the release requirements of ~ 169A.42. If title is <br />transferred to a family or household member of the offender and the <br />plates of the vehicle were previously impounded under ~ 169A.60, the <br />purchaser will not be able to obtain reissued registration plates without <br />satisfaction of the conditions set forth in subdivisions 7 and 8 thereof. This <br />delays the ability of the related purchaser to secure the release of the <br />vehicle, Securing vehicle insurance may also be difficult. <br /> <br />If the Demand has been filed in district court, the parties must <br />provide the court with a Stipulation of Dismissal under Rule 41 signed by <br />both parties, It is presumptively without prejudice, unless otherwise noted <br />on its face. The Stipulation should acknowledge that it is to allow the <br />forfeiting agency to administratively forfeit the vehicle as if no Demand <br />had been filed and to allow a transfer of title by Administrative Forfeiture <br />Certificate, <br /> <br />CONSTITUTIONAL ISSUES <br /> <br />· Every constitutional challenge thus far raised to Minn, Stat. <br />~ 169A.63 on its face, or in application, has been rejected by the <br />Minnesota appellate courts, <br /> <br />A. Double Jeopardy <br />Simply because the civil in rem forfeiture action has some punitive <br />aspects it does not necessarily violate double jeopardy because it still <br />seNes an important non-punitive goal of enhancing publiC safety by <br />removing from the repeat DUI offender the instrumentality used to commit <br />their violations. City of New Brighton v. 2000 Ford Excursion supra, citing <br />Lukkason v. 7993 Chevrolet Extended Cab Pickup, 590 N,W.2d 803 <br />(Minn,App. 1999) review denied, May 18, 1999; City of Pine Springs v. One <br />7992 Harley Davidson 555 N,W,2d 749 (Minn.App. 1996); City of New Hope <br />v. 7986 Mazda 626,546 N,W.2d 300 (Minn,App, 1996). Using the two-step <br />inquiry of U.S. v. Ursury, 518 U,S. 267 (1996), Minnesota appellate courts <br />have found: <br />1.) The legislature intended ~ 169A.63 to be civil/remedial, not <br />criminal/punitive; <br />2.) The record fails to contain the requisite 'clearest proof that the <br />effect of the statute is so punitive that it negates the <br />legislature's intent to establish a civil remedial mechanism', <br /> <br />B. Excessive Fines <br />Where the property subject to forfeiture provides the actual means <br />by which the qualifying offense was committed, the forfeiture is less <br />capable of being characterized as a fine in disguise violating the 8th <br />Amendment's prohibition against excessive fines. The Minnesota <br /> <br />14 <br /> <br />$/ <br />
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