To help make up for lost revenue, more Michigan counties are seeing forfeiture of the cars driven by people arrested for DUI. Will yours be next?
If the Oakland County Prosecutor has her way, then the answer may well be “yes.” Jessica Cooper has instructed her prosecutors to seek forfeiture for repeat drunk driving offenses.
Here is what the Royal Oak Daily Tribune had to say about it:
Michigan law provides that drivers convicted of drunk driving can have their cars forfeited. This means that upon conviction the state can take the convicted drunk driver’s car. In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply. If successful this defense would keep the state from grabbing the car.
The Minnesota courts have significantly lessened the applicability of this defense.
According to the Newspaper.com, the Minnesota Supreme Court recently upheld the right of police to confiscate vehicles from owners who have done nothing wrong. The decision narrowed the applicability of an “innocent owner” defense in cases where a vehicle is jointly owned. The high court considered the case of David and Jean Margaret Laase whose then-brand new 2007 Chevrolet Tahoe was confiscated in 2006.
Michigan shares a rather large border with Canada and so it is very common for Michigan residents to travel to Canada for both business and pleasure. Being convicted of even a single instance of drunk driving can complicate such travel.
According to an excellent In and Out of Canada Article written by top DUI lawyer Wayne R. Foote:
Canadian inadmissibility is governed by the Immigration and Refugee Protection Act. It states that a Michigan resident is inadmissible if he or she committed a single “indictable” offense. This includes drunk driving.
Michigan Criminal Defense Lawyer Blog