Is my vehicle subject to forfeiture?

Is my vehicle subject to forfeiture?

Minnesota DWI Attorney F.T. Sessoms responds:

The following chart summarizes the cases in which the vehicle is subject to forfeiture:

Chemical Test

Prior Record

(Prior means a previous DUI or alcohol related license revocation)

Vehicle Forfeiture

.16 or more

With one prior
within the past 10 years

Yes

Refusal

With one prior
within the past 10 years

Yes

.08 with child endangerment

With one prior
within the past 10 years

Yes

Refusal with child endangerment

Without any priors

Yes

.08

With two or more priors
within the past 10 years

Yes

.08 or refusal

With a “B” card or driving
drunk while license has been
previously cancelled as
“inimical to public safety”.

Yes

If you have been arrested for a Minnesota DWI and your vehicle is being held for forfeiture, do not despair as I can get your vehicle back even if you are eventually convicted of the “qualifying DWI offense”!!

How you ask?  Well, I figured out how the Minnesota DWI vehicle forfeiture statute violates procedural due process and the separation-of-powers doctrine. And my results have been astounding!

My argument has never been decided by the Minnesota Appellate Courts and it is so persuasive that I have shared my legal memorandum with some of my fellow attorneys to help them with their forfeiture challenges.  But why hire anyone else when I am the attorney who originated the argument destroying the validity of the Minnesota DWI Vehicle Forfeiture Statute?

Even if you eventually get convicted of the Minnesota DWI which would otherwise require the court to order the forfeiture, I can get your vehicle back!!  Or as stated, by my latest satisfied client (published in her google review under a pseudonym):

“I was recently convicted of a “Forfeiture-Eligible” DWI offense. Fortunately, Mr. Sessoms got my $21,000 fully-paid-for car back for me. I was not an innocent owner and I fully expected to forever lose my vehicle to the State. But Mr. Sessoms came up with a new argument challenging the constitutionality of the DWI Forfeiture Statute. And one week prior to the forfeiture hearing, the city attorney decided to give up and return the vehicle to me (I just had to pay for the towing and some minimal storage costs). I could not be happier!! Mr. Sessoms did an amazing job for me and I know he will do a great job for you!!!

Remember, you only have 60 days from the date of service of the DWI Forfeiture Notice to challenge the loss of your vehicle.  So if you have been recently arrested for a Minnesota DWI and are facing the permanent loss of your car or truck, I would be happy to show you how we can get it back.

Contact Minnesota DWI Attorney F. T. Sessoms:

For answers to all of your Minnesota DWI forfeiture questions, please call Minnesota DWI Attorney F. T. Sessoms at (612) 344-1505 today.