Nassau County DWI/DWAI Vehicle Seizure and Forfeiture
Perhaps you are reading this blog entry after your DWI/DWAI arrest in Nassau County or a loved one had their vehicle seized after a DWI/DWAI arrest in Nassau County. Whatever the case may be, you are here looking for answers. To begin: Yes, the County can take your car and, yes, even if it was the first offense.
Pursuant to the Nassau County Administrative Code, specifically §8-7.0(g), the County has the power to pursue civil forfeiture of a vehicle used during the alleged commission of a misdemeanor DWI/DWAI. Your vehicle (not just cars, but motorcycles, boats, and Jet Skis are “vehicles” too) is towed from the scene of the arrest and held at a private impound yard on behalf of the County. You will be provided with a notice that your vehicle was seized and in that notice, you will be provided with a date for your hearing (typically between 1 – 2 weeks from the date of arrest). This is an administrative hearing, namely a vehicle retention hearing, where evidentiary standards are relaxed, anything you say can be used against you in your criminal case, and a judge ultimately decides whether or not the County can retain possession of your vehicle during the pendency of your criminal case.
There are many misconceptions in these cases. For starters, simply surrendering your vehicle will not “help” your criminal case. The vehicle forfeiture proceeding is separate and apart from your criminal case. Also, unless there is a hold, you typically can get your personal property from your vehicle immediately. To immediately secure the release of your vehicle, you may need to post an undertaking or a bond. This will allow the vehicle to leave impound temporarily while your criminal case is pending. However, this does not mean that your vehicle is “free” from forfeiture. Also, securing the permanent release of your vehicle from the County by way of a settlement or successful defense to forfeiture does not mean that a leasing company with an interest will not pursue a claim against you for breach of your lease agreement.
As there are many serious considerations to a DWI/DWAI vehicle seizure and forfeiture case, it is beneficial to have experienced legal counsel guide you through this process. Amanda R. Disken, Esq. spent four years handling thousands of these cases for the County of Nassau and is exceptionally well-versed in this area. The Disken Law Firm will work expeditiously in an attempt to secure the prompt release of your vehicle and to keep your fees and costs as low as possible (yes, there are fees and costs involved in these cases too). Call the firm and speak with Amanda R. Disken, Esq. today! (516) 809-9990.