New York Vehicle Forfeiture: Can the Police Take My Car for DWI?
New York Civil Asset Forfeiture
In some jurisdictions, like Nassau County, Suffolk County and New York City - the State will "seize" your car, keep it and sell it at auction. Consider that, if your vehicle which is seized is under lease - it doesn't matter. Your car will still be subject to sale at an auction - and you will be responsible for the future payments.
Nassau County is by far the harshest county. If you are convicted of any DUI related offense (including even DWAI) you will be sued for its value. This law applies even to first offenders in Nassau County!
The New York City Courts (including Queens, Manhattan and the Bronx) and Suffolk County are not much better.
Suffolk County will now seize your vehicle if the driver has a prior DWI or DUI (or Driving While Intoxicated). Soon, however, Suffolk County will follow Nassau county's lead - and make this crime applicable to first time offenders as well.
New York City Courts allow "civil asset forfeiture" or seizure of your car - but on a case by case basis (i.e. depending on the driver's level of intoxication and criminal history, etc.).
Fortunately there are defenses, such as:
- The Innocent Driver Defense
(i.e. if you did not have knowledge that the person charged with drunk driving was operating your car) - Untimely Filing
The County must prove that it serve you within 120 days - Undue Hardship
Familial or financial hardship for loss of your car. - Inadequate Notice
The county must provide timely notice to both the driver and owner.
Don't delay - know your rights. Contact an experienced attorney today.