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Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

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Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

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Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 and 2016

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

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Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

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Jeremy Kaschinske

Jeremy Kaschinske

One of a handful of MN defense attorneys certified on DataMaster, DMT (MN's current breath-testing device)

Contributing Author to Minnesota DWI Deskbook

"Super Lawyer Rising Star" 2014, 2015 and 2016

TOP 10 Under 40 for the State of MN

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Debbie Lang

Debbie Lang

2012, 2014, 2015 and 2016 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

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Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

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Andrew Wilson

Andrew Wilson

Magna Cum Laude from Mitchell Hamline School of Law

"Marshall Brennan Fellow"

Former Law Clerk, Third Judicial District

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Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

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Vehicle and Property Forfeiture

HomePractice AreasVehicle and Property Forfeiture

Independent of any criminal charges, Minnesota law provides for motor vehicle forfeiture for certain DWI offenses. The DWI forfeiture law applies both to motor vehicles and recreational vehicles including motorboats, all-terrain vehicles (ATVs) and snowmobiles.

Minnesota DWI law authorizes motor vehicle forfeiture in the following situations:

(1) First- or Second-Degree DWI criminal offense;
(2) A DWI committed by a driver with a license that has been canceled by the Minnesota Department of Public Safety (DPS)as “inimical to public safety” and not reinstated at the time of the offense;
(3) A DWI violation by a driver with a license that has been restricted by the DPS, requiring the driver to abstain from the use of alcohol and non-prescribed drugs (also known as a “B-card” restriction).

In certain cases, Minnesota DWI law allows the government to forfeit a motor vehicle regardless of whether or not there is ultimately a criminal conviction. In these situations, the State may forfeit a motor vehicle solely based on an Implied Consent driver’s license revocation.

Call a Minnesota DWI Attorney now and get the legal expertise you require

Minnesota DWI law provides that the arresting law enforcement agency may seize the vehicle subject to forfeiture and requires that the prosecutor serve notice to the owner/owners of the State’s intent to forfeit. The forfeiture is conducted administratively, unless within 60 days the owner and/or the driver challenges the forfeiture action by filing for a judicial determination of the forfeiture.

Only the vehicle actually used to commit the DWI offense is subject to forfeiture. Other vehicles owned by the offender are not subject to forfeiture.

Our Minnesota DWI Lawyer will help you understand your options at this time

To protect innocent owners of motor vehicles used by drivers who commit DWI offenses, Minnesota DWI forfeiture law requires that the owner knew or should have known of the unlawful or intended use of the motor vehicle before the vehicle can be subject to forfeiture.

In circumstances where a motor vehicle subject to forfeiture is leased or subject to an outstanding loan, Minnesota DWI forfeiture law protects the interests of the lien holders (usually banks and other financial institutions). In these situations, a lien holder may choose to sell the motor vehicle at its own foreclosure sale or agree to a sale by the arresting agency. After the sale, a proportionate share of the proceeds goes to the lien holder, after certain expenses are deducted.

Following completion of the forfeiture proceeding, the motor vehicle will either be returned to the driver (or the owner), or (if the vehicle is forfeited) the arresting agency may keep the vehicle for its official use or sell the vehicle, provided that the interests of any valid lien holder is protected.

In other circumstances the government may attempt to forfeit property that was used in the commission of a crime. The property might be cash, guns or even a house or real estate.

If your vehicle or property has been forfeited or someone you know is facing forfeiture call our office to talk to someone about your legal rights as soon as possible. Failure to act in a timely manner often leads to automatic forfeiture of the property.

Contact us for a free consultation

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