So I made it through my first argument. I think I did ok, and gave the defense att'y more of a challenge than he expected from a student. He even conceded two of my points. The judge has taken it under advisement, but I don't think he is going to rule in my favor.
This was an asset forfeiture case. The law allows the state to seize a vehicle used for the illegal transport of alcohol. The defendants were accused of transporting through a dry county. 5 bottles of tequila and two cases of beer. Transporting for personal consumption is ok, but the driver wouldn't admit that the alcohol was his, so the officer seized the car.
So I got the defense to admit that transporting through a dry county is an offense (he went off on some crazy tangent saying there was no offense), and that the defendant admitted (at the scene and in an affidavit) that it was not for personal consumption. I had a good argument (and a good case to back me up) that even if there was another owner listed on the title of the vehicle that he was not a "true" owner of the vehicle and that it could still be seized. The defense didn't even bother to respond to this, but I think the judge was intrigued.
But, the defense argued excessive forfeiture. It was the only argument I didn't have a good response for. A $10K car for the misdemeanor offense of transporting 5 bottles of liquor. And excessiveness is purely within the discretion of the court. The judge ruled for the defense.
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