Charlotte Criminal Lawyer Blog
Everyone counts on their vehicle to get them to work, to school, to go shopping, to take their kids around, and so much more. We rely on our cars every day, but what happens if you lose access to your vehicle? Sometimes, law enforcement may seize your vehicle. When that happens, you will want to know what will happen and what you can do. One thing you may want to do is to seek help from an experienced North Carolina attorney.
Vehicle Seizure in North Carolina
North Carolina law allows for the seizure of a vehicle under certain circumstances. The first step in getting your vehicle back is to find out exactly why it was seized. You will need to find out whether you are able to recover your vehicle. If so, you will need to follow the exact legal process, which may include paying fees, as well as towing expenses and storage costs. If your vehicle was seized due to some type of criminal involvement, it is possible that you won’t be able to get your car back.
Driving Without License or Insurance
If your vehicle was seized due to driving without a license or insurance, you can get your vehicle back by remedying the problem that resulted in the seizure. For example, if you were driving without insurance, you must obtain and prove current car insurance to resolve the case and get your vehicle. You will also be required to pay fees such as towing and storage.
DWI Seizure
If your vehicle was seized as a part of a DWI arrest, you may file a petition to get it released before trial. File form AOC-CR-333A with the clerk in the superior court where the DWI charges are pending. If granted by the court, you must pay the associated fees in order to get your vehicle back before trial.
Owner Was Not the Driver
If your vehicle was seized but you weren’t the driver, you can petition the court to get your vehicle returned. You must file an “innocent owner” petition, form AOC-CR-330A, with the clerk of the superior court where the charges are pending. You must sign an acknowledgment stating you were not the driver.
Speeding and Eluding
If your vehicle was seized due to speeding and eluding charges, you may file a petition to get your vehicle back temporarily. You must post a bond in the amount of the current fair market value of the vehicle. However, your vehicle will be permanently seized if you are convicted of the charges. For street racing and street takeovers, you must post a bond in double the value of the vehicle.
Evidence Hold
In some cases, a vehicle must be held because it is evidence in a criminal case. The vehicle may be returned after the case is over. The owner will receive a notice once the vehicle is no longer needed as evidence. You will need to provide proof of ownership, generally with a title, along with a valid ID, and must pay all associated fees.
Additional Information
In order to get your vehicle, you will need to pay the fees that accumulated as a result of the seizure. Typically, this includes towing fees and storage costs. It is always best to take action as soon as possible because storage fees can be excessive and can continue to add up quickly. If a vehicle is forfeited due to a conviction, the government owns the vehicle. These vehicles are usually sold at auction.
If you are facing a situation that has resulted in the seizure of your vehicle, don’t delay. Our knowledgeable attorneys will help resolve the situation and guide you through the legal process. To learn more, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC represent individuals facing a wide range of state and federal criminal charges. Our practice includes traffic violations, DWI/DUI offenses, drug crimes, firearm and weapons charges, and gun permit denials.
We also defend clients accused of property crimes, including larceny, breaking and entering, robbery, fraud, embezzlement, and other white-collar offenses. Our attorneys handle cases involving sex-related offenses, such as indecent exposure, sexual assault, crimes against nature, and petitions for removal from the sex offender registry. In addition, we represent individuals charged with violent crimes, including domestic violence offenses, assault, manslaughter, homicide, and murder.
Beyond criminal charges, we assist clients with related legal matters such as restraining orders, probation violations, expungements, criminal appeals, and immigration issues arising from criminal allegations. We believe that informed clients are empowered clients, and we are committed to helping individuals understand their constitutional rights while providing aggressive and effective legal representation at every stage of the process.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-28.3.html
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.3.html
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When Can the Police Seize My Vehicle in North Carolina?
Fleeing and Eluding Charges in North Carolina