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PATINO v. ONE 2007 CHEVROLET

No. A11-0309.

821 N.W.2d 810 (2012)

Laura PATINO, Respondent, v. One 2007 Chevrolet, VIN #1GNFC16017J255427, Texas License Plate #578VYH, Appellant.

Supreme Court of Minnesota.

September 26, 2012.

Attorney(s) appearing for the Case

Kirk M. Anderson , Anderson & McCormick, P.A., Minneapolis, MN, for respondent.

Michelle M. Zehnder Fischer , Nicollet County Attorney, St. Peter, MN, for appellant.

Charles A. Ramsay , Daniel J. Koewler , Ramsay Law Firm, P.L.L.C., Roseville, MN, for amici curiae Minnesota Society for Criminal Justice & Minnesota Association of Criminal Defense Lawyers.

Cort C. Holten , Mark J. Schneider , Plymouth, Jeffrey D. Bores , Chestnut Cambronne PA, Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

OPINION

DIETZEN, Justice.

This case presents the question of whether a vehicle may be judicially forfeited under Minn.Stat. § 169A.63 (2010) when the vehicle's driver is not convicted of the designated offense of second-degree driving while impaired. Respondent Laura Patino is the owner of the subject vehicle, which was operated by her boyfriend on April 24, 2010, when he was stopped, arrested for driving while impaired (DWI), and the vehicle was impounded...

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