OWI Vehicle Forfeiture
OWI FORFEITURE
***PASSED BY THE LEGISLATURE IN
1998 AND TOOK EFFECT IN 1999
***LITTLE USED OR UNDER-USED
MCL 257.625n PROVIDES FOR FORFEITURE IF:
•OWVI OR OWI 1ST (INCLUDING DRUG DRIVING)
•OWI 2nd offender
•OWI 3rd offender
•OWI where there is an occupant under 16.
•OWI that causes serious injury
•OWI that causes death
•DWLS Causing Injury
•DWLS Causing Death
When DO we forfeit?
BOTH STATUTORY AND POLICY DRIVEN
POLICY IN ST. CLAIR COUNTY
- Any OWI 2nd offender
– Any OWI 3rd offender
– Any OWI (even first offense) where there is an
occupant under 16.
– Any OWI that causes serious injury
– Any OWI that causes Injury or Death
– DWLS Injury or Death
Why should we forfeit?
• Strong Deterrent for Repeat Offenders.
• Separates the drunk driver from his “weapon!”
• Can be a significant source of INCOME for
police department and prosecutor.
• Not much extra work – court decides at
sentencing
How To Implement OWI Forfeiture Program
• What we did in St. Clair County
• Talk to police agencies
• Talk to your Judges – educate them on
this law
• Talk to commissioners and local elected
officials about the proposed program
Implementation continued
• Tow yard and storage
• Start out with one police agency
• Train them
– Pilot program needs to be done perfectly
• One APA to begin with
Overview of how a vehicle is Forfeited
• Vehicle is seized at the time of arrest
• Prosecutor’s office meets with Defendant
Settles out of court (BUY BACK)
• OR proceeds with forfeiture through the
court system
• If forfeiture is successful proceeds are split
pursuant to statute between Police
Department and Prosecutor’s office
WHERE DO YOU START
WITH AN OWI FORFEITURE?
POLICE INVESTIGATION
LAW ENFORCEMENT PROCEDURE
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Address the issue of OWI Vehicle Forfeiture at every
stop.
Gather evidence of ownership.
Impound vehicle.
– Always impound the vehicle, do not allow the
vehicle to be parked or someone else, maybe a
passenger, to drive the vehicle.
Once vehicle is impounded, it stays locked. Suspect
cannot access it.
Complete paperwork.
Submit case for prosecution IMMEDIATELY.
Who is an “owner” of the vehicle / MCL 257.37
•
A person who holds legal title of a vehicle (R/O in
LEIN)
– There may be multiple owners on the title, that is
okay, we can still forfeit the ownership rights of the
drunk driver
•
Any person, firm, association, or corporation renting a
motor vehicle or having the exclusive use of that
vehicle for a period greater than 30 days.
•
A person who has the immediate right of possession of
a vehicle under an installment sale contract.
Evidence of “ownership”
•
SEARCH THE VEHICLE!
– should done pursuant to impounding the vehicle
anyway
•
Photos of the interior of the vehicle and trunk
– photos may be very important later if the “owner”
contests the forfeiture
Clothing (work clothes) and personal items
CDs, tapes
Mail, receipts, other paperwork
– Look in glove box for documentation about who has
been maintaining the vehicle, oil changes etc.
Ask questions
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How much extra work
FOR POLICE DEPARTMENTS?
• Probably no additional court time
• Paperwork: two additional forms
• Post-arrest Seizure of Vehicle (slightly
more involved, but rare, we have only had
to do this once)
COMPLETE PAPERWORK
GIVE TO THE
DEFENDANT!
COPY THE
PROSECUTOR
Summarize your
ownership
investigation here
IMPOUND WITH APPROVED
IMPOUND LOT
• NO ONE DRIVES IT HOME
PROSECUTOR ROLE
• Review these types of cases on an expedited
basis
• Charge and seek Order of Seizure w/in 72
hours of seizure.
• Have officer submit seizure order with
warrant
continued
• Notify Tow Company immediately once
Order is signed so they do not release the
vehicle
• Serve copy of Seizure Order on defendant
• Wait for contact by defendant regarding
vehicle
– Meet with defendant and conduct buyback or
release
No buy back / Motion for Return
• Not used much here in St. Clair County
• Defendant who is owner may file a motion to
require seizing agency to file a lien against the
vehicle and return it pending disposition of the
criminal proceeding.
– Needs to show necessary to use vehicle
• If ordered, defendant is required to file a bond in
an amount equal to the retail value of the
vehicle.
If no buyback or release
• Within 14 days after conviction, the file a
petition with the court for forfeiture of the
vehicle or to have the court order return of
a leased vehicle to the lessor.
• Give notice to defendant, attorney, all
owners of vehicles, any anyone holding a
security interest in the vehicle
continued
• Appear at sentencing and advocate for
forfeiture
• Provide Court with Order
St Clair County
WHAT UNIT OF
GOVERNMENT
LIQUIDATION OF VEHICLE
• TOW YARD BILLS
• LOGISTICS OF VEHICLES &
IMPOUND LOTS
• AUCTIONS
• BID NET OR OTHER INTERNET
www.govbids.com/scripts/mitn/public/home1.asp
Priority of Proceed payments
MCL 257.625n(7)(a)—(g)
• Pay outstanding security interest (7)(a)
• Pay proper expenses of forfeiture and sale
including seizure, storage fees, advertising
(7)(f)
$$ MONEY DIVISION $$
• Balance remaining distributed to the
unit(s) of government substantially
involved in effecting the forfeiture
– 25% to victim rights
– 75% to be used to enhance enforcement of
the criminal laws
List of SCAO forms
• Motion and Order to Seize Vehicle Subject to
Forfeiture (mc63.pdf) (circuit, district)
• Notice of Intent to Forfeit Vehicle (mc64.pdf)
(circuit, district)
Order on Claim of Interest on Vehicle Seized for
Forfeiture (mc68.pdf)
Order to Return/Forfeit Vehicle After Sentencing
(mc69.pdf)
Stephen Guilliat
St. Clair County
810-985-2400 / sguilliat@stclaircounty.org