New York City, Nassau County and Suffolk County have vehicle forfeiture laws˳ These laws allow the municipality to seize a motorist’s car if it is used as part of a criminal offense˳ Typically, this law is used for driving while intoxicated or driving while impaired˳ However, it can also be invoked for such offenses as reckless driving, driving while under the influence of drugs and driving with a suspended license˳ The standard is generally whether the vehicle was used as a means of committing a crime or employed to aid in a crime˳
In New York City and Nassau County, the law is routinely used even for a first offense˳ The Suffolk law is discretionary on the first offense but requires the police to impound the vehicle for second offenses˳
If you are not convicted of the charge, then you have grounds for getting your car back˳ If you enter into a plea bargain, then you will generally have to make a deal with the municipality˳ Of course, if you are not the owner of the vehicle, then often the municipality will release the vehicle to the owner with upon submitting proof of ownership˳ However, if the owner knew or should have known that it was reasonably likely that the vehicle was going to be used to commit a crime, the municipality may be able to obtain forfeiture of the vehicle any way˳
So what do you do if you car is seized? The first thing you must do file a demand for it˳ This puts the municipality on notice that you will be seeking its return˳ Then, a case number is assigned˳ You can then negotiate with the assigned representative in an attempt to get it back˳ If the negotiations do not lead to a resolution, then the municipality has to sue and prove its case (a relatively easy proposition)˳ Of course, you probably will want to retain an attorney to assist with this matter if your negotiations are not fruitful (if not sooner)˳
Even if the vehicle is not seized, the municipality may go to court to seek the return of the vehicle˳ We had one client whose criminal case was resolved favorable and then months later received court papers seeking the vehicle˳ There is time limit, however, within which the municipality must act to obtain forfeiture˳ For instance, in Nassau County, the forfeiture action must be commenced within 120 days of the arrest date˳
As an aside, no car will be returned unless and until the District Attorney has issued a release˳ Generally, the District Attorney will issue this document after the criminal case is resolved˳ Similarly, if you receive a notice that your car is subject to possible forfeiture, it is a violation of some forfeiture laws to sell or transfer ownership˳ A violation of such a provision carries substantial monetary penalties˳
Finally, the New York City law has been upheld as constitutional˳ However, the former forfeiture law in Nassau County was declared unconstitutional and has since been replaced with a new law˳ Therefore, keep in mind, that there may be valid constitutional grounds upon which to attack the forfeiture˳
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