Vehicle Forfeiture

CASE LAW UPDATE:  Whether the forfeiture of defendant’s 1985 Ferrari worth approximately $75,000 should be reversed?  

Defendant was convicted of 3rd degree DWI while he had a B card restriction.  Concurrently, his 1985 Ferrari worth approximately $75,000 was forfeited.  On appeal, defendant challenged the forfeiture on the grounds (1) that he was not convicted of a designated offense; and (2) the forfeiture of his Ferrari violated the 8th Amendment prohibition on excessive fines.  The Minnesota Court of Appeals upheld the forfeiture.  Usually, a vehicle may be forfeited only if a person is convicted of 2nd degree DWI or greater.  However, the statute also provides for forfeiture if a defendant is convicted of any level DWI when the defendant also has a restriction on their drivers license.  Hence, defendant was convicted of a designated offense.  Additionally, the Minnesota Court of Appeals simply concluded that the $75,000 vehicle forfeiture was not grossly disproportionate.

This case is a very good example of why forfeiture laws need to be struck down.

Jensen v. 1985 Ferrari, A19-1927, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2020-12-25T01:36:13+00:00December 25th, 2020|Victories/Case Law Updates|0 Comments

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