Were you arrested on suspicion of driving while intoxicated in Nassau County? If so, you probably already know: your car can be seized at the scene of the incident and held while your case is processed for forfeiture. Nassau County DWI Car Forfeiture rules stems from the Nassau County administrative code, which grants the authority to seize vehicles which are used in the instrumentality of the crime, in this case your DWI.
Soon after the arraignment in criminal court, a civil proceeding is held in Supreme Court in order to determine whether there’s a valid basis to proceed with forfeiture. Namely, they will investigate where there’s a reasonable suspicion that the vehicle was used in the commission of the DWI. This fact, if established, will result in a forfeiture action – and the car will be held during the case. If there is a posting of a bond, and the installation of an ignition interlock device, then the vehicle can be given back to the motorist while the case proceeds. Assuming the civil forfeiture action was commenced within 120 days of the arrest, there can be a basis to seek ultimate vehicle forfeiture if the criminal DWI case yields a conviction.
Our Nassau County DWI Car Forfeiture lawyers can help establish a defense and help you get your car back. We can establish that the seizure of the car would present a financial hardship on the motorist. We can present evidence, showing this hardship and get you this consideration.
If the vehicle in question was loaned to someone who is charged with a DWI, then it’s less likely the government will commence a vehicle forfeiture action. It’s like that the when the motorist is the owner-operator, then the County will press forward with a civil action for vehicle forfeiture.
If you’re facing a DWI charge in Nassau County, and have a Nassau County DWI vehicle forfeiture issue – please call us immediately for legal help.
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