DWI Forfeiture Law

Because of the Krimstock case, DWI offenders are now required to be afforded an early opportunity to test the propriety of the City’s retention of their vehicles soon after seizure and prior to any eventual civil forfeiture. The case makes it clear that the actual nature of such hearing is reserved to the district courts. The case states that the forfeiture hearing must enable DWI offenders to test the probable cause for the warrantless seizure of their vehicle. In the absence of probable cause for the seizure of an offender’s vehicle, the vehicle would have to be released during the pendency of the criminal and civil proceedings. The court stated in the case that an alternative to continued seizure of the vehicle in question would be the filing of a bond.

DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.  Corporate offices for The DWI GUYS are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-800-394-8326.  Prior results do not guarantee a similar outcome.  

Posted Under: DWI Laws