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confiscation of vehicle


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#1 evadelle

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Posted 17 September 2009 - 09:21 AM

My husband was arrested on a DWI charge, he was driving my company issued car at the time.  The police confiscated the car and are refusing to return it.  We have provided all the proof that they requested.  My employer has written a letter requesting the return of the company car not once but twice.  They have still refused.  The last letter sent was three months ago and they have not responded to it.  The prosecutor has stated that they have no legal right to take the car because my husband has proved it is not his.  The prosecutor has not demanded that they return it because he says they will be upset and the prosecutor's office and police departments have to work together.  It has been over two years, now I also worry about the damage that could be caused to the vehicle from sitting idle so long.  Minnesota laws states that they can only confiscate a vehicle that is own by the offender.  I believe that they are abusing their power by refusing to return this vehicle, I also believe that it the same as grand theft auto.  On the chart it shows that Minnesota confiscates vehicles on the third offense, this is his 2nd offense in 3-4 years.  How can I get them to return this vehicle to me?  My husband is an alcoholic and went thru treatment 30 years ago and was sober for 27 year prior to his lapses in the last 4 years.  Is it stand procedure for the highway department to go back 27 years and use that against you after 27 years of sobriety?


#2 GuessAgain

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Posted 17 September 2009 - 10:57 AM

And so your husband and/or the employer went to court and got an order for release of the car and then what happened?  Oh, you mean neither asked the court for an order of release? 


#3 evadelle

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Posted 17 September 2009 - 11:28 AM

I believe that his attorney is not as aggressive as he should be.  He has dealt with the prosecutor on this case and the prosecutor stated that the police had no legal right to take the car, but will not order them to return it because he does not want to anger them.  We did have a hearing scheduled, but after our attorney drove three hours to get to the hearing we found that the prosecutor was out of town for the week. He failed to cancel the hearing or notify anyone that he wouldn't be there.  This is a small town.  I don't believe that this would have happened in a larger city.  I believe that the police are used to abusing their power here and getting by with it. 




#4 GuessAgain

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Posted 17 September 2009 - 11:54 AM

"This is a small town.  I don't believe that this would have happened in
a larger city.  I believe that the police are used to abusing their
power here and getting by with it."


Don't kid yourself.  There is nothing stopping the employer from getting an attorney and going to court on his own to have the car released to him.


#5 evadelle

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Posted 17 September 2009 - 12:27 PM

I would assume that if the car was illegally confiscated that it would be the prosecutors duty to inform the police of that.  Would that not be the case?





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