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Under Minnesota law you may be susceptible to automobile loss in the following scenarios:
(1) If your prevailing behavior is a DUI or Refusal to take a breathalizer, and two or more of the following apply:
(a) A Prior DWI Revocation/Conviction within 10 years of this violation;
(b) An AC of 0.20% or more; and/or
(c) A minor under 16 years of age in your car, who is also 36 months junior to you, at the time of the violation;
(2) If your present-day infraction is a Driving While Intoxicated and you were operating a vehicle after being canceled Inimical to Public Safety (IPS) by the Department of Public Safety or you had a permit regulation on the use of alcohol at the time of your infringement; or
(3) If you are convicted of 2d Degree Driving While Intoxicated or Refusal to take a breathalyzer.
The government commences with automobile forfeiture by legally serving you with a Notice of Seizure and Intent to Forfeit Motor Vehicle.
*Keep in mind, as with your Civil-DWI suit regarding your license annulment and plate impoundment, you only have thirty days from the date of the Notice of Seizure and Intent to Forfeit Motor Vehicle to enter with the court and serve upon the government a Forfeiture Petition requesting a judicial hearing challenging the legality of the automobile forfeiture; failure do to so means:
You relinquish all legal rights and arguable issues that could or should have been raised, even if you are correct!
That is, overlooking steps to adequately legally serve and record a Forfeiture Petition results in the automatic car forfeit. (in other words, you will not have the lawful right to get your vehicle back).
When you hire my services, I will file the Forfeiture Petition and call for the return of your vehicle as soon as possible. Furthermore, depending on the territory of your vehicle forfeiture, I may be able to immediately get your automobile returned to you.
Article Source: sooperarticles.com/law-articles/criminal-law-articles/minnesota-criminal-lawyer-avoiding-vehicle-forfeiture-518924.html
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If you are charged with a crime in Minnesota, you demand the world-class MN DWI Lawyer. Reach out to us. We can help you out.Author: Luciano Labonte