DUI
State High Court Upholds Seizure of Vehicle in Minnesota DWI
Husband challenged seizure of the family SUV after wife nabbed for drunk driving.
The Minnesota Supreme Court ruled 4-3 to uphold the seizure of a vehicle involved in a drunk driving arrest. David Lee Laase claimed he was an innocent owner of a vehicle taken by police after his wife was arrested for driving while intoxicated in Minnesota.
Jean Margaret Laase was charged with MN DWI in 2006 after being stopped for erratic driving. Her blood alcohol content registered 0.22%, nearly three times the legal limit for intoxication. She pleaded guilty to gross misdemeanor DWI. Because of a prior DWI conviction, the law permitted the 2007 Chevrolet Tahoe she was driving to be seized.
David Lee Laase said he is the rightful owner of the vehicle, and indicated that he had no knowledge of his wife’s use of the vehicle while legally impaired, nor did he have pertinent information that called for him to prevent his wife from driving. Under Minnesota DWI law such a defense would protect him from the vehicle seizure, and both a district court and Appeals Court agreed.
The state Supreme Court however felt that since the couple shared the vehicle, and each had a set of keys, it was subject to seizure. The key came down to discussion on the phrase ‘innocent owner’. The majority opinion felt innocent owner only applied when both owners of a co-owned vehicle were innocent. The dissenting opinion felt a vehicle should not be subject to forfeiture if any of its owners can demonstrate that he or she had no knowledge that the vehicle was being used contrary to the law. The court ruling could have a far reaching impact, allowing police to seize property in a broader number of situations.
Have you had your car seized due to a MN DWI?
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