Vehicle Seizure


If the vehicle is released to me, how do I retake possession of it?

You must contact the company that is storing your vehicle to arrange a date and time to pick up the vehicle.
The company will specify the items that you will need to bring with you to the storage site (for example, a photo ID, a certified copy of the release order, payment for the towing and […]

What if the court denies my request for release at the forfeiture hearing? May I appeal?

Generally speaking, you may appeal the court’s decision to the NC Court of Appeals.
However, if the driver is convicted in District Court and appeals the conviction to Superior Court, your appeal of the release/forfeiture decision may have to be heard by the Superior Court.

What if the vehicle was damaged during the offense?

The NC Division of Motor Vehicles will instruct the insurance company to pay the insurance proceeds to the Clerk’s Office rather than to the policy holder. The proceeds will later be released or forfeited in the same manner as the seized vehicle.
There is a special procedure for totaled vehicles.

How may I recover personal property that I left in the vehicle?

Contact the company that is storing the vehicle. You can retrieve your personal property if you can provide sufficient proof to the company that you own the items.

My vehicle has been sold prior to the driver’s trial without a court order. What does this mean?

The NC Department of Public Instruction, through Tarheel Specialties, is allowed to sell the vehicle without a court order if
* 90 days have passed since the date of seizure and the vehicle has a fair market value of $1,500 or less,
* the accumulated towing and storage costs exceed 85% of the fair market value, or
* […]

What if my pretrial release request is denied?

You do not have a right to appeal immediately from a decision denying your pretrial release petition. You must wait until the court has acted on the impaired driving offense.
If the defendant is not convicted, the court will permanently release the vehicle to the owner.
If the defendant is convicted, the court will hold a “forfeiture […]

If the vehicle is released to me, am I required to pay the towing and storage costs?

Yes. You must pay all accumulated towing and storage charges to the company holding the vehicle before the company will release the vehicle to you. There are no exceptions to this requirement.
If the driver is convicted, the court may order the driver to repay you for this amount.

What if I am a lienholder on this vehicle? How can I get it back?

If you are a lienholder you may secure the release of the vehicle if
* you held a perfected security interest in the vehicle at the time of the seizure,
* the owner is in default,
* as a result of the default you are entitled to possession of the vehicle,
* you agree to sell the vehicle and […]

How can I get my vehicle back if I am the owner and the person charged with the impaired driving offense?

If you were the driver and the owner of the vehicle in DMV’s records at the time of the seizure, you can obtain the permanent release of the vehicle if you can demonstrate that, at the time of the seizure, your license was not revoked for a prior impaired driving offense.
There are other requirements that […]

How else can I get my vehicle back if I am the owner, but was not driving?

If you were the owner of the vehicle in DMV’s records at the time of the seizure, but you were not the driver at the time of the seizure, you may post a bond equal to the fair market value of the vehicle.
Posting the bond will allow you to take possession of the vehicle temporarily […]