Vehicle Seizure

In North Carolina, your motor vehicle could be subject to seizure for charges involving Impaired Driving Offenses or Felony Speeding to Elude Arrest. The Board of Education in the county where charges are filed retains constructive possession of the vehicle pending the release or sale of the vehicle. Daily storage fees of up to $10 can be assessed. A seized vehicle may be subject to an expedited sale if: (1) the fair market value (FMV) of the vehicle is $1,500 or less and 90 days have passed since the vehicle was seized, (2) the outstanding towing and storage costs exceed 85% of the FMV of the vehicle, or (3) all owners consent. Here’s some tips on how to get your vehicle back prior to trial.

Pretrial Release of Vehicle

The vehicle may be released prior to trial under certain situations. The procedures for release depend on whether the owner of the motor vehicle is classified as a nondefendant owner, innocent owner, or defendant owner. If a vehicle is released pretrial, it will be subject to forfeiture at a hearing which can be held at the sentencing for the underlying offense, at a separate hearing after a conviction, or at a forfeiture hearing held 60 days after the defendant failed to appear at trial for the underlying offense.

Nondefendant Owner

A motor vehicle owner who was not the driver at the time of the offense resulting in the seizure may apply to the clerk of the superior court for pretrial release of the vehicle. Upon payment of towing and storage fees incurred, the clerk shall temporarily release the vehicle under the following conditions:

• The vehicle has been seized more than 24 hours;
• A bond equal to the FMV of the vehicle has been executed;
• An impaired driving acknowledgment or speeding to elude acknowledgement has been executed;
• The requesting motor vehicle owner has not previously executed an acknowledgment naming the operator of the seized motor vehicle; and
• A bond posted to secure the vehicle has not been previously ordered forfeited.

Innocent Owner

A nondefendant owner may file a petition with the clerk of court to seek a pretrial determination that the petitioner is an “innocent owner.” The clerk shall consider the petition and make a determination as soon as feasible. A nondefendant owner is an “innocent” owner if one of the following is true:

• The owner did not know or had no reason to know defendant’s license was revoked due to an impaired driving offense or had no insurance and the seizure was the result of an impaired driving offense;
• Defendant drove the vehicle without the express or implied consent of the owner and the owner files a police report and agrees to prosecute the unauthorized operator;
• The vehicle had been reported stolen;
• The owner is a rental car company and the individual is not an authorized driver; or
• The owner is in the business of leasing vehicles, holds title to the vehicle, and had no actual knowledge the defendant’s license was revoked for an impaired driving offense.

Defendant Owner

For impaired driving offenses, the defendant may file a petition with the clerk seeking a pretrial determination that the defendant’s license was not revoked due to an impaired driving revocation.

For felony speeding to elude arrest offenses, the defendant may apply to the clerk for a pre-trial release of the motor vehicle. The Clerk shall temporarily release the vehicle to the defendant upon payment of all storage and towing fees incurred under the following conditions:

• The vehicle has been seized more than 24 hours;
• A bond equal to the FMV of the vehicle has been executed;
• A bond posted to secure the release of the motor vehicle has not been previously ordered forfeited.

If you have any questions about vehicle seizure, motor vehicle related offense, or another criminal offense, contact The Robinson Law Firm. We offer free consultations to answer your legal questions.

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