Heino v. One 2003 Cadillac

• Court: Minnesota Court of Appeals
• Writing for the Court: Connolly
• Citation: Heino v. One 2003 Cadillac, 762 N.W.2d 257 (Minn. App. 2009)
• Decision Date: 17 February 2009
• Docket Number: No. A08-0536.,A08-0536.
• Parties: Charlotte Mary HEINO, Respondent, v. ONE 2003 CADILLAC, MN LICENSE NO. KFR615, VIN: # 1G6KS54Y83U131208, Appellant.

762 N.W.2d 257

Charlotte Mary HEINO, Respondent, v. ONE 2003 CADILLAC, MN LICENSE NO. KFR615, VIN: # 1G6KS54Y83U131208, Appellant.

No. A08-0536.

Court of Appeals of Minnesota.

February 17, 2009.

Steven J. Meshbesher, Kevin M. Gregorius, Meshbesher & Associates, P.A., Minneapolis, MN, for respondent.

John J. Muhar, Itasca County Attorney, Michael J. Haig, Assistant County Attorney, Grand Rapids, MN, for appellant.

Considered and decided by BJORKMAN, Presiding Judge; ROSS, Judge; and CONNOLLY, Judge.

OPINION

CONNOLLY, Judge.

The state appeals the district court's decision denying forfeiture of respondent's car. We reverse and remand.

FACTS

The facts in this case are undisputed. On March 7, 2007, respondent Charlotte Mary Heino was arrested for fourth-degree DWI. She was given a notice of intent to revoke her driver's license stating that the revocation would take place on March 14, 2007. On March 22, 2007, respondent filed a petition for judicial review (PJR) of her license revocation. A hearing on the PJR was set for May 1, 2007. On April 9, 2007, respondent waived the requirement that the PJR hearing be held within 60 days of its filing. The hearing on the PJR was reset for August 7, 2007.

On May 9, 2007, respondent was arrested for second-degree DWI. The two aggravating factors listed on the ticket were respondent's 0.26 alcohol concentration and her March 7, 2007 license revocation. Respondent was served with another notice of intent to revoke her driver's license as well as a notice of intent to forfeit her vehicle. The designated offense supporting the notice of intent to forfeit was respondent's prior revocation. Respondent was ultimately charged with third-degree DWI as a result of this incident, with only respondent's alcohol concentration being used as an aggravating factor. On June 6, 2007, respondent filed a demand for judicial review of the forfeiture. On June 8, 2007, she also filed a PJR of her May 9, 2007 license revocation.

On July 30, 2007, respondent pleaded guilty to both the fourth- and third-degree DWI charges stemming, respectively, from the March 7, 2007 and May 9, 2007 arrests. She was sentenced on September 10, 2007. On September 17, 2007, respondent's counsel withdrew the pending PJRs. On January 14, 2008, a trial was commenced on respondent's demand for judicial determination of forfeiture.

On February 3, 2008, the district court issued an order denying forfeiture and instructing that respondent's car be returned to her. It concluded that:

1. The right to due process requires that the use of prior administrative license revocations to enhance criminal charges be limited to situations where judicial review is completed or has been waived by the failure to timely petition for review.

2. The above limitation upon the use of administrative license revocations for the enhancement of criminal charges applies to the use of such revocations in civil forfeiture proceedings because of the substantial interests of the individual.

3. Because [respondent] sought judicial review by filing a timely petition for review and the review had not been completed at the time of the May 9, 2007 incident and subsequent attempted forfeiture of her vehicle, [respondent's] right to due process as to her license revocation had not been satisfied and the revocation from the March 7, 2007 incident may not be used against her.

4. Without the prior license revocation [respondent's] vehicle is not subject to forfeiture.

The state argues that, under State v. Wiltgen, 737 N.W.2d 561 (Minn.2007), it was error for the district court to conclude that respondent's due-process rights would be violated by the use of prior administrative license revocations as an aggravating factor in a civil forfeiture proceeding when those revocations were once the subject of petitions for judicial review but where there was no judicial hearing on those petitions because of respondent's voluntary decision to withdraw them prior to the commencement of the trial on the forfeiture action. This is an issue of first impression before this court.

ISSUE

May a prior administrative license revocation be used as an aggravating factor to subject a vehicle to forfeiture pursuant to Minn.Stat. § 169A.63, subd. 6, without violating due process when that revocation was once the subject of a petition for judicial review but where there was no judicial hearing on the petition because of the petitioner's voluntary decision to withdraw it prior to the commencement of the trial on the forfeiture action?

ANALYSIS

1. Statutory framework.

Under Minnesota's Impaired Driving Code, an individual's vehicle is subject to forfeiture under certain circumstances. Minn.Stat. §§ 169A.01-.78 (2008). A motor vehicle is subject to forfeiture if it was used in the commission of certain designated offenses. Minn.Stat. § 169A.63, subd. 6. Second-degree DWI in violation of Minn.Stat. § 169A.25 is one such designated offense. Minn.Stat. § 169A.63, subd. 1(e)(1).

Second-degree DWI is defined in Minn. Stat. § 169A.25. It provides that a person who drives a motor vehicle while impaired in violation of Minn.Stat. § 169A.20, subd. 1 is guilty of second-degree DWI if "two or more aggravating factors were present when the violation was committed." Minn. Stat. § 169A.25, subd. 1(a). Driving while impaired is addressed by Minn.Stat. § 169A.20, subd. 1. Under this subdivision it is a crime for any person to operate a motor vehicle within the state when that "person is under the influence of alcohol," or when that "person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more." Id. Aggravating factors include: "a qualified prior impaired driving incident within the ten years immediately preceding the current offense," and "having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense." Minn.Stat. § 169A.03, subd. 3(1), (2).

A "qualified prior impaired driving incident" (QPIDI) includes "prior impaired driving convictions" and "prior impaired driving-related losses of license." Id., subd. 22. QPIDI's include "driver's license suspension, revocation, cancellation, denial, or disqualification" under the implied-consent law. Id., subd. 21; see also Minn.Stat. §§ 169A.50-.53 (outlining implied-consent law).

When determining the number of aggravating factors present for purposes of the Minnesota Impaired Driving Code, "each qualified prior impaired driving incident within the ten years immediately preceding the current offense is counted as a separate aggravating factor." Minn.Stat. § 169A.095.

2. Wiltgen.

The district court, the state, and respondent rely heavily on the Minnesota Supreme Court's decision in Wiltgen to reach their respective conclusions.

That case addressed the question of

whether an administrative license revocation, which did not receive a prompt postrevocation judicial review because of an automatic stay pending the prosecution of the associated criminal charge, can constitutionally be used as an aggravating factor to support the enhancement of a subsequent driving while impaired (DWI) charge from third-degree to second-degree.

Wiltgen, 737 N.W.2d at 564 (emphasis added).

The appellant in Wiltgen was arrested on August 13, 2005 for DWI. Id. at 565. Following her arrest, Wiltgen's driver's license was administratively revoked under Minnesota's implied-consent law, and she was charged with third-degree DWI. Id. She challenged the revocation by timely filing a PJR pursuant to Minn.Stat. § 169A.53, subd. 2. Id. Despite Minn.Stat. § 169A.53, subd. 3's requirement that a hearing be held on the license revocation "at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review," a district court standing order provided that the "hearing date will be scheduled upon disposition of the associated criminal case." Id. (quotation marks omitted). The supreme court noted that the effect of this order in Wiltgen's case was "to eliminate the 60-day hearing requirement on her August 2005 license revocation because Wiltgen's associated criminal case had not been disposed of" within 60 days of the filing of her PJR. Id. Because the standing order prevented the scheduling of a hearing on Wiltgen's petition, she requested a stay of the balance of the revocation. Id. The district court granted this stay on August 30, 2005. Id.

On September 13, 2005, Wiltgen was again arrested for DWI. Id. She was charged with second-degree DWI. Id. Her August 2005 DWI license revocation was used as an aggravating factor in her second-degree DWI charge. Id. at 565-66. At trial, Wiltgen argued that the state could not constitutionally charge her with second-degree DWI by using an unreviewed license revocation as one of the aggravating factors. Id. at 566. The state argued that because the August 2005 license revocation was stayed, rather than rescinded, it was proper to use the stay as an aggravating factor for the September 2005 charge. Id.

The supreme court began its analysis by noting that Wiltgen "did not procure the Standing Order" and that it was the standing order "that made it impossible for Wiltgen to obtain an implied-consent hearing within 60 days after filing her petition for judicial review." Id. at 567.¹ Next, the court moved on to discuss whether

the use of an unreviewed prior license revocation at the trial of a subsequent DWI charge, to establish an aggravating factor that enhances that DWI charge, would violate [Wiltgen's] right to due process where she has requested judicial review of the revocation and judicial review of the revocation has not yet been promptly provided because of the Standing Order.

Id. at 568 (emphasis added). The court then applied the Mathews three-part test to resolve this issue, considering: (1) "the private...