In New York City, your vehicle can be seized by the police if they believe it was used while committing a crime. Vehicles can be seized for forfeiture if the driver is charged with drunk driving, reckless driving, or driving without a valid license, even if the owner of the vehicle is not arrested for one of these crimes. Kerben & Associates can assist you with your Queens vehicle seizure recovery whether you are the innocent and uninvolved owner of the vehicle or the person arrested. Be warned, you only have ten days to challenge the vehicle seizure. Call the criminal defense firm of Kerben & Associates at 718-575-8433 now, to begin the process of recovering your seized vehicle.
It’s Your Vehicle, Get It Back! Queens Vehicle Seizure Recovery Steps
It does not matter who owns a vehicle that is seized in a DWI case, or even if it is leased or owned outright. Should the vehicle be forfeited to the police department, the owner will be left with no vehicle and may still be responsible for any lease or loan payments for the vehicle.
Because the vehicle seizure is a civil matter, it is completely independent from your criminal DWI case. In fact, even if you are found not guilty of driving while intoxicated, the police department can still sue you in civil court and take the vehicle. Certain limitations apply in regards to forfeiture cases, including that if the owner of the vehicle had no reason to believe the driver would be drinking, or the owner did not give permission for the driver to use the vehicle. In these cases, the owner has a valid defense for getting the vehicle back.
A strict procedure must be followed by the police department to legally seize your vehicle and sue for forfeiture. Once the vehicle is seized, generally during the arrest, the police must provide you with a “Notice of Right to Retention Hearing” which you will use to request a hearing. You have a right to challenge the vehicle seizure within 10 business days of the arrest and once the form is served to the police department, they will have up to two weeks to schedule a hearing with the Office of Administrative Trial and Hearings (OATH).
The burden of proof sits with the police department to prove that the vehicle was used in the commission of a crime and that seizing the vehicle is in the interest of public safety. Depending on the details of your case, and how strong the police believe their case to be, it is possible to settle out of court, however, the police generally always include some sort of monetary payment from you as part of the terms of the settlement and will also want the driver to attend an alcohol counseling program.
Getting Your Vehicle Back
We’ve helped recover hundreds of seized vehicles for our DWI clients. Before deciding if a hearing or settlement is in your best interest, consult with the vehicle seizure recovery attorneys at Kerben & Associates now. We can help you get your vehicle back. Call us at 718-575-8433 now. We have over 34 years of experience handling all types of drunk driving offenses in Queens and throughout New York City. Call us today to find out how we can help you recover your seized vehicle in Queens.
