Nielsen v. 2003 Honda Accord

823 N.W.2d 347, 2012 WL 3892395, 2012 Minn. App. LEXIS 103
CourtCourt of Appeals of Minnesota
DecidedSeptember 10, 2012
DocketNo. A12-217
StatusPublished
Cited by1 cases

This text of 823 N.W.2d 347 (Nielsen v. 2003 Honda Accord) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nielsen v. 2003 Honda Accord, 823 N.W.2d 347, 2012 WL 3892395, 2012 Minn. App. LEXIS 103 (Mich. Ct. App. 2012).

Opinion

OPINION

ROSS, Judge.

Matthew Nielsen pleaded guilty to first-degree driving while intoxicated and the prosecuting authority notified Nielsen of its intent to exercise its administrative forfeiture authority to take the Honda Accord that Nielsen drove when he committed the offense. Nielsen successfully opposed the forfeiture in conciliation court, which deemed the car exempt from forfeiture based on the supreme court’s holding in Torgelson v. Real Property that the homesteads of drug felons are exempt from drug-asset forfeiture. The state appealed to the district court, which rejected Nielsen’s argument that Torgelson applies to limit forfeiture of vehicles used in specified drunk driving offenses. The district court is correct; Torgelson does not apply here and neither the Minnesota constitutional mandate embodied in article I, section 12, nor the statutory personal-property exemption embodied in Minnesota Statutes section 550.37 (2010), precludes the civil forfeiture of vehicles under Minnesota Statutes section 169A.63 (2010). We therefore affirm.

FACTS

The facts are not disputed. In April 2011 Matthew Nielsen drove his 2003 Honda Accord the wrong way on a one-way street, capturing the attention of a Minneapolis police officer. The officer stopped and arrested Nielsen, who appeared to be drunk and who confirmed that fact with a urine sample revealing a blood alcohol concentration of 0.23. Hennepin County charged Nielsen with two counts of first-degree DWI, and he pleaded guilty. See Minn.Stat. §§ 169A.20, subds. 1(1)-(2), 3, 169A.24, subds. 1(1), 2, 169A.275, 169A.276 (2010). This was Nielsen’s fourth DWI conviction in two years.

The police department seized Nielsen’s car and issued him notice of its intent to keep it through administrative forfeiture authorized by Minnesota Statutes section 169A.63 (2010). Nielsen challenged the forfeiture in conciliation court, which decided that the department could not retain the car through forfeiture because its value rendered it exempt from “attachment, garnishment, or sale on any final process issued from any court” under Minnesota Statutes section 550.37, subdivision 12a (2010), ostensibly following the supreme court’s holding in Torgelson v. Real Property Known as 17138 880th Avenue, Renville County, 749 N.W.2d 24 (Minn.2008). The state removed the case to the district court, which did not read Torgelson as requiring that the motor-vehicle exemption statute restricts alcohol-related vehicle forfeitures under section 169A.63.

Nielsen appeals.

ISSUE

Does the statutory exemption against creditor claims for motor vehicles, Minnesota Statutes section 550.37, subdivision 12a, preclude or limit a prosecuting authority from applying the motor-vehicle forfeiture provision to take the car of a repeat drunk driver under section 169A.63?

[349]*349ANALYSIS

Nielsen argues that, under the Minnesota Constitution and the motor-vehicle exemption statute, the state cannot acquire his car through forfeiture or that if it can, it must pay him the value of the forfeited car. We review questions of law, including questions of statutory interpretation and constitutional issues, de novo. State v. Bussmann, 741 N.W.2d 79, 82 (Minn.2007). Nielsen rests his argument on the supreme court’s decision in Torgelson v. Real Property Known as 17138 880th Avenue, Renville County, 749 N.W.2d 24 (Minn.2008). The Torgelson court held that the constitution prohibits drug-asset forfeiture of drug felons’ homesteads. 749 N.W.2d at 30. Nielsen contends that Torgelson’s holding applies to prohibit or limit forfeiture of a repeat drunk driver’s vehicle. We are not convinced.

Nielsen reads too much into Torgelson’s holding. Torgelson first highlighted the state’s Bill of Rights provision requiring the legislature to exempt a reasonable amount of property from seizure for the payment of liabilities. 749 N.W.2d at 26. “A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law.” Minn. Const, art. I, § 12. It then recognized that the legislature followed this mandate by enacting the homestead exemption, which states:

The house owned and occupied by a debtor as the debtor’s dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor’s family, and be exempt from seizure or sale under legal process on account of any debt not lawfully charged thereon in writing, except such as are incurred for work or materials furnished in the construction, repair, or improvement of such homestead, or for services performed by laborers or servants and as is provided in section 550.175.

Minn.Stat. § 510.01 (2006). And it held that the real-property forfeiture authority of section 609.5311 is restricted by this homestead exemption and that drug-asset homestead forfeiture is therefore unconstitutional under article I, section 12. Torgelson, 749 N.W.2d at 29.

Nielsen argues that this court must apply the vehicle-exemption provision of section 550.37 to the vehicle forfeiture authority of section 169A.63 for repeat drunk driving offenses in the same way that the Torgelson court applied the homestead-exemption provision of section 510.01 to the real-property forfeiture authority of section 609.5311 for drug felonies. The vehicle-exemption statute provides that a motor vehicle not exceeding $4,400 in value under the current dollar amount adjustment, is exempt from “attachment, garnishment, or sale on any final process.” Minn.Stat. 550.37, subds. 4a, 12a (2010). Implicit in Nielsen’s argument is the premise that every type of property that the legislature exempts from the payment of any debt or liability is “property” required to be exempted under article I, section 12 of the constitution and, therefore, constitutionally exempted from forfeiture under Torgelson.

We do not read Torgelson so broadly. In deeming the drug-asset forfeiture of homesteads unconstitutional, the Torgelson court relied heavily on the law’s special and long-settled heightened protection of homesteads. It explained that because “homestead exemptions are to be construed liberally[,] ... the constitutional [‘debt or liability’] language is broad enough to encompass forfeitures.” 749 [350]*350N.W.2d at 27. It observed that “[i]t was originally proposed that the Minnesota Constitution contain a homestead exemption with a specific dollar limit,” but that the constitutional framers opted instead for an open provision that does not precisely define the limits of the homestead exemption. Id. at 27-28 (quotation omitted). It discussed at length the reasoning of other state courts and said that it was persuaded by those courts “that have held that state forfeiture laws violate statutory or constitutional homestead exemptions.” Id. at 28.

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Related

Nielsen v. 2003 Honda Accord
845 N.W.2d 754 (Supreme Court of Minnesota, 2013)

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Bluebook (online)
823 N.W.2d 347, 2012 WL 3892395, 2012 Minn. App. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-2003-honda-accord-minnctapp-2012.