QUESTION

What if my vehicle is seized but I'm not the one driving?

Asked on Jan 17th, 2012 on Criminal Law - Minnesota
More details to this question:
I let my girlfriend drive my car Saturday night as we had just turned her car in due to lease end and we're still deciding on what to get her next. She ended up having too much to drink while out and let one of her friends drive the car from the bar. That person got pulled over and was ultimately arrested for DUI (.1%). The police towed the car and it is now in impound. I have gotten limited information thus far, but feedback is that the police may be looking to seize my car, although I am not sure under what basis. I did not give this person permission to drive my car (I don't even know who the person is), I was not informed that she was too drunk to drive home, and she never told me she was going to a bar. I didnt find out anything until after they had towed the car. First, how long can they legally hold my vehicle, given the circumstances? Second, I believe I am clearly an innocent owner given the above information; can they really seize a car under these conditions? I know that MN has very tough DUI laws, but this seems quite unjust...even to make me hire a lawyer to get my vehicle back when I had no knowledge of it's intended use, or consent to allow someone that was drinking and driving it.
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2 ANSWERS

Criminal Defense Attorney serving Minneapolis, MN
3 Awards
The first thing that you should do is contact the law enforcement agency that has the hold on your vehicle. Generally, the agency will have an officer that deals directly with vehicle forfeitures. Explain the situation and hope he or she agrees to release the car asap. If not, in my opinion, you are an "innocent owner" per Minnesota Statutes and have just grounds to file a demand for judicial determination with respect to the vehicle.
Answered on Jan 31st, 2012 at 1:04 PM

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Aaron Dan Hall
Minnesota has laws that may protect you from having your car seized.
Answered on Jan 31st, 2012 at 12:49 PM

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