City of Eau Claire v. Booth
Annotate this CaseIn 1990, Defendant was convicted in Minnesota of a first-offense operating while intoxicated (OWI). In 1992, the Eau Claire County Circuit Court entered a civil forfeiture judgment against Defendant for another first-offense OWI. In 2014, Defendant filed a motion to reopen and vacate her 1992 first-offense OWI civil forfeiture judgment because it was a second OWI offense improperly charged as a first offense, thus implicating subject matter jurisdiction. The circuit court voided Defendant’s 1992 Eau Claire County conviction on subject matter jurisdiction grounds. The Supreme Court reversed, holding (1) Defendant forfeited her right to challenge her 1992 first-offense OWI judgment by failing to timely raise it; and (2) therefore, the circuit court erred when it granted Defendant’s motion to reopen and vacate her 1992 first-offense OWI civil forfeiture judgment.
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