Supreme Court Affirms Forfeiture in Nielsen

In April 2013, the Minnesota Supreme Court took up the question of whether Minnesota’s motor vehicle exemption of $4,600.00 was applicable to DWI Forfeitures. Kirk Anderson argued before the Supreme Court for the Appellant.

After several months of waiting patiently, today the Minnesota Supreme Court issued its decision affirming the forfeiture. Although we are disappointed at this outcome, this case (along with some other recent forfeiture decisions) has raised awareness that Minnesota’s current civil forfeiture laws need to be amended. Justice Anderson filed a concurring opinion in the case essentially telling Minnesota’s Legislature that the forfeiture laws need to be changed.

In a very succinct dissenting opinion, Justice Page stated that he would have found for the Appellant. Read the opinion here.

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