My girlfriend was involved in a DWI and was forced to sign a forfeiture as well as I for a car that was in my name, but she was driving. The cop made it sound that I had no choice and wouldn't let me know of any other possible thing to do to at least just have it seized. I had no knowledge that she was drinking and driving and all of her legal things are being taken care of and she was even allowed into DWI court. I have called the county attorney to try and find out how to proceed to get my car back and they are giving me the run around. Is there anyway to get my car back and where do I start.
Criminal Defense Attorney
You can strictly follow the statutory procedure. The statute is referenced on the administrative forfeiture notice. You may want to seek help from a lawyer in doing so. You will have to serve and file legal pleadings challenging the administrative forfeiture of the car. There is only a short time to do this. If you intend to challenge the administrative forfeiture of the car, in court, you should do so immediately.
Criminal Defense Attorney
You must essentially sue the State seeking to overturn the forfeiture if the municipality will not agree to some type of settlement such as a buy back. If the vehicle is valued at less than $7500, you may file in Conciliation Court. To prevail, you must show that you were unaware that your vehicle was being used for an unlawful purpose and, if you allowed her to drive, demonstrate she had a license at the time.
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Your GF or you can't be forced to sign anything. But what you signed is irrelevant anyways, bec it merely acknowledges that the police gave you a forfeiture form. However, once you get that form, whether you acknowledge receipt of it or NOT, you only have a limited time to challenge the forfeiture, as the other attys. said. To so, you must file a Pet'n in court and Serve the prosecutor and police according to the statutory requirements, AND pay the filing fee...
I have won these type of cases before. See http://www.minneapolisdwiblog.com/2012/10/innocent-owner-dwi-vehicle-forfeiture-case-won-by-keller-law-offices-in-dakota-county.shtml
Feel free to contact me at 612-210-0629 for a free consult.
This is not legal advice. This site is only to be used for general information, not advice on what to do with your specific case.