There are few things more damaging to a reputation and a career than receiving a DWI. Unfortunately, one of the many consequences associated with receiving a DWI is that sometimes, the county will attempt to seize your vehicle as an instrumentality of the crime. Please continue reading and reach out to our experienced Rockland County DWI attorney to learn more about DWI car seizures and how our firm can help you fight the severe ramifications of receiving a DWI.
Will I lose my car if I get a DWI in New York State?
The answer to this question largely depends on the circumstances of your case. In many cases, the county will not seize your vehicle. However, there are various instances where the county will demand forfeiture of your vehicle. If the county does try to seize your vehicle, you will have a retention hearing, and from there, you may have to post a bond. From here, the county may file a summons and complaint regarding the seizure of your vehicle. If they do, there will be various restrictions regarding what you can and cannot do with your vehicle until the prosecution of your case. Once the summons and complaint are issued, your attorney may be granted an adjournment by the county attorney.
Are there any defenses against having my car seized for a DWI?
There are various potential defenses we may use. First, if we can prove that the car in question is the only car in your family and that it would impose a financial hardship on your family to buy another car, it may be a viable defense. In this case, we can oppose the motion for summary judgment and ask if we can petition the court for relief from the forfeiture of your vehicle, arguing that it would be an unwarranted and substantial hardship for you and your family. This would bring about the inability to obtain employment and/or the possible loss of employment. As long as we can obtain a substantial amount of evidence to back this claim up, you may be able to keep your vehicle.
Contact our experienced Rockland County firm
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.