My friend got a DWI while driving my car. Why was it seized?
Under North Carolina General Statute § 20-28.3, a motor vehicle that is driven by a person who is charged with DWI in Raleigh will be seized if at the time of the violation if the license of the person driving the car was revoked as a result of a prior DWI. It will also be seized if the person driving during the DWI did not have a valid drivers license.
When the officer determines there is probable cause for seizing a motor vehicle, they will present to a magistrate an affidavit of impoundment. If the magistrate determines that seizure is appropriate, the magistrate shall issue an order of seizure of the motor vehicle. If requirements for seizure have not been met, the magistrate shall order the motor vehicle released to a motor vehicle owner upon payment of towing and storage fees.
How do I get my car back?
If this is the first time your car has been seized for a situation like this, you may apply to the clerk of superior court in the county where the charges are pending for pretrial release of the vehicle.
The clerk will release your car upon payment of all towing and storage charges incurred as a result of seizure and impoundment of the motor vehicle if:
- The motor vehicle has been seized for not less than 24 hours;
- You pay a bond in an amount equal to the fair market value of the motor vehicle;
- You execute of ‘an acknowledgment’ which states that if this ever happens again, you waive your right to claim a lack of knowledge or permission to drive in the future – unless you have taken all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately report, upon discovery, any unauthorized use to the appropriate law enforcement agency.
If the defendant ends up getting convicted, the court will hold a forfeiture hearing to determine the status of your vehicle. You may request release of the vehicle again at this hearing. If the car is ordered to be forfeited at this time, you will receive return of the bond if your car is in the same condition as it was when it was released to you. If the car is permanently released to you at this time, then the bond will be returned. If the defendant is found not guilty, the car and the bond will be released to you. However, if the court orders the car forfeited, for whatever reason, and you do not comply – the court can hold you in civil or criminal contempt.
Why should I have to go through all of this? What if I had no idea that the defendant was driving my car that night? What if I had no idea that he didn’t have a valid license?
Then you should petition for the return of your vehicle as an ‘innocent owner’. If you can show by a greater weight of the evidence that:
- You have an ownership interest in the car; and
- The driver has no ownership interest in the car, or shares ownership interest in the car with you; and
- You had no reason to know the drivers’ license was revoked; or
- If you did know the defendant’s drivers license was revoked, but the defendant drove the vehicle without your expressed or implied permission, you must have filed a police report for unauthorized use of the motor vehicle and agree to prosecute the unauthorized operator of the motor vehicle.
If the clerk determines that you are an innocent owner, the clerk shall release the motor vehicle after the towing expenses are paid, and the acknowledgement is signed waiving your right to petition as an innocent owner again.
It is important to note that:
No motor vehicle shall be released to you if this issue has occurred previously and you signed an acknowledgment that you would not claim innocence in regards to the same person driving your car while their license was revoked.
If you find yourself in a repeat situation of this kind, you will need to petition for a Motor Vehicle Seizure hearing and show by the greater weight of the evidence that you took all reasonable precautions to prevent this person from operating your car – AND you’ve immediately reported any unauthorized use to the appropriate law enforcement agency.
If the court rules against you, your only recourse will be to immediately appeal to the Court of Appeals.