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CAN THEY TAKE MY CAR? (I still owe money on it!)
Long Island DWI/DUI Attorneys
Lawful "Stealing" of Cars: Vehicle Civil Asset Forfeiture
Every county has a different local law allowing the County or the City to take your vehicle, seize it while the case is pending, and then keep it and sell it at public auction. This is called Civil Asset Seizure and Forfeiture. You need to know your rights, and you need strong legal advocates to defend against this civil action. Contact Grunwald & Seman, P.C. immediately if you are facing the "Lawful Taking" of your car. We represent clients on Long Island and New York City in all drunk driving related matters.
Nassau County:
Unquestionably, Nassau County has the harshest local law. It can result in not only the Police keeping your vehicle if this is your second DWI/DUI offense - while the criminal case is pending - but upon any conviction even for the traffic offense of driving while impaired (DWAI), you will be sued for the vehicle or its value.
Because the Nassau County civil asset vehicle seizure law has previously been challenged and found to be unconstitutional, it has been rewritten at least twice and its current provisions allow Nassau County to seize your car and/or sue you for its value.
The law is complicated, but Grunwald & Seman, P.C. is familiar with several ways to prevent the County from seizing your car and auctioning it:
- Innocent Owner Defense: You may not have been driving the car but as the owner of the vehicle the County will still take it from you, and sell it and keep the proceeds, unless we can prove lack of knowledge;
- Improper Notice Defense: The County must provide specific and timely notice to the driver and owner of the vehicle;
- Untimely Filing: The County must also timely (within 120 days) sue you
for the vehicle seizure. - Hardship: The law provides an exception to the vehicle seizure and sale of it if we can demonstrate undue hardship based on financial, family and other effects caused by the loss of the vehicle.
Don't Delay, Call Today: 800-399-7098.
Suffolk County:
Currently, Suffolk County will seize your vehicle if the driver has a prior offense, but be aware it is possible that Suffolk will soon follow Nassau County's lead in taking the vehicle even for first time DWI/DUI offenders, as well as for DWAI (driving while impaired) - which is not a crime but a traffic offense.
New York City:
Presently New York City will seize your vehicle depending upon the criminal history of the driver, the level of alleged intoxication and facts of the case.
What about the Bank or Leasing Company?
Most vehicles today are not owned outright, but rather are financed with a noted lien holder or are leased and owned by the leasing company. When the vehicle is seized by the Police or to be sold by the County based on a DWI/DUI arrest, and there is a lien holder/finance company or lease company, the civil asset forfeiture becomes even more challenging.
The outstanding principal balance owed to the bank is still your contractual responsibility even if the vehicle is seized and sold at auction. You will need to negotiate and ensure, at a minimum, that the sale proceeds are used to lower the otherwise principal balance that you owe; even though you no longer drive the vehicle. Almost universally, there will be a deficiency or gap between the seized vehicle auction price and the amount you still owe on the loan. Contractually, you are still responsible to pay this amount.
Leased vehicles are often even more complicated when attempting to resolve a DWI/DUI civil vehicle forfeiture claim by the City or County.
Qualified Legal Representation: Call Us 24 Hours a Day
Because of these added complications, you must obtain competent experienced legal counsel to assist you. Hire attorneys not only experienced in criminal DWI/DUI defense, but who can guide and advise you how to defend the anticipated civil asset vehicle forfeiture.
Hiring an attorney that does not handle the civil asset forfeiture or one that tells you not to worry about it now, is doing you a big disservice that you will regret for years to come.
There is no such thing as a "simple" DWI. Do not hire a DWI lawyer who does not have the required experience, knowledge and skill required to assist you in all phases of your DWI/DUI defense.
The DWI attorneys of Grunwald & Seman, P.C. are available 24 hours a day, seven days a week to assist and guide you with all DWI/DUI arrest and prosecution ramifications. Don't Delay, Call Today: 800-399-7098.
