Mr. Ventura effectively challenged the forfeiture of motor vehicle insurance proceeds on behalf of his client. The client’s crashed and totaled vehicle was forfeited as a result of the client’s son’s Second Degree Driving While Impaired charge. On behalf of the police department, the County Attorney attempted to seize and forfeit more than $25,000.00 in insurance proceeds directly from the insurance company, which the client was entitled to as part of the insurance contract obtained for the vehicle that was totaled in the crash.
Unfortunately, the District Court Judge ruled against Mr. Ventura’s client and awarded all of the insurance proceeds to the police department. Mr. Ventura appealed the District Court Judge’s Order to the Minnesota Court of Appeals. The Court of Appeals overturned the District Court Judge’s decision and awarded all of the insurance proceeds to Mr. Ventura’s client. After the Court of Appeals decision, on behalf of the police department, the County Attorney petitioned the Minnesota Supreme Court for review. After written and oral arguments, the Minnesota Supreme Court unanimously affirmed the Court of Appeals decision to award all insurance proceeds to Mr. Ventura’s client.