State Ex Rel. Reid v. Kemp

CLEMENS, Judge.

Appeal by intervenors Lindell and Annette Kemp from the trial court’s judgment confiscating their automobile to the state because it had been used illegally by inter-venors’ son to transport a controlled substance. Intervenors do not dispute the state’s evidence: Their son, defendant Michael Kemp, was arrested for driving while intoxicated; as he exited his parents’ car he tried but failed to destroy a packet of marijuana.

The state brought this proceeding under § 195.145, VAMR, authorizing confiscation of such an automobile. The issue here arises from intervenors’ pleaded…