Minnesota was previously the only state that barred innocent vehicle owners from getting their car or truck back when it was used by a drunk driver
Under the bipartisan reform, Minnesotans whose vehicles are used without their knowledge or permission by a drunk driver will be able to petition for recovery
ST. PAUL, MN – Joined by a bipartisan coalition of legislators and advocates, Governor Mark Dayton today signed legislation (
Chapter 12, SF 151) that allows Minnesotans to recover their car or truck after someone else was convicted for drunk driving in it. The new law only applies in situations where the innocent owner’s car or truck was used without their knowledge or permission.
“This reform reflects the important balance between public safety and the rights of innocent vehicle owners,” said Governor Dayton. “I thank the advocates and legislators for their work. This new law will ensure a basic measure of fairness for Minnesotans.”
Minnesota previously was the only state that barred innocent vehicle owners from arguing that the drunk driver used the vehicle without permission or that they took reasonable steps to prevent the drunk driver from using the vehicle while intoxicated.
“For spouses or family members who did not know their vehicle would be used unlawfully, it is problematic for the state to confiscate it from them. This new law will give Minnesota citizens their right to a day in court to plead their case before a judge to have their property returned to them,” said Rep. Marion O’Neill. “I am grateful for the strong bipartisan support of this legislation and want to thank Governor Dayton for signing the bill into law.”
According to the
Office of the State Auditor, Minnesotans forfeited 6,722 vehicles – generating $6.8 million for law enforcement and other government agencies in 2015. Approximately 3,000, or 45 percent, of the forfeitures were vehicles stemming from drunk driving cases. Only 8 percent of forfeitures involved fleeing, weapons, prostitution, robbery, burglary, or assaults.
“The right of people to have access to the courts is guaranteed by the Minnesota Constitution in the Bill of Rights,” said Sen. Scott Newman. “I applaud Governor Dayton for protecting that right and the people in the State of Minnesota by signing this bill into law.”
In the past, innocent Minnesotans faced significant barriers to getting their cars and trucks back. In 2009, Kristin Brown’s SUV was forfeited after her adult son was convicted of drunk driving, after using it to attend a party without her knowledge or permission. Despite never being charged with a crime, it took nearly five months for Brown and her husband to get the vehicle back.
“When they saw that processes to protect Minnesotan's essential liberties had gone awry, Governor Dayton and the Minnesota legislature stepped up and implemented reforms that further protect property rights," said Holly Harris, Executive Director of the U.S. Justice Action Network. “As this commonsense, civil asset forfeiture reform bill becomes law today, Minnesota continues to show other states how to build on smart reforms to make a more effective justice system. We applaud Gov. Dayton for his commitment to these important issues, as well as Rep. Marion O'Neill and Sen. Scott Newman, the sponsors of this bill, for leading the way in safeguarding the rights of Minnesotans.”
