DWI Forfeiture Law
Because of the Krimstock case, DWI offenders are now required to be afforded an early opportunity to test the propriety of the City’s retention of their vehicles soon after seizure and prior to any eventual civil forfeiture. The case makes it clear that the actual nature of such hearing is reserved to the district courts. The case states that the forfeiture hearing must enable DWI offenders to test the probable cause for the warrantless seizure of their vehicle. In the absence of probable cause for the seizure of an offender’s vehicle, the vehicle would have to be released during the pendency of the criminal and civil proceedings. The court stated in the case that an alternative to continued seizure of the vehicle in question would be the filing of a bond.
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