Thursday, February 13, 2014

Vehicle Seizure following a DWI Arrest

It can be quite shocking to have your car seized following a DWI arrest. You should know that North Carolina has made a vehicle subject to seizure if you continue to drive while your license is already revoked because of a prior DWI. You should also know that a specific provision of North Carolina clearly provides for an enhanced speedy trial in such a case.

The name of the provision is NC General Statute 20-28.3 (m), and this is what it says:

§ 20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest.

(m) Trial Priority. - District court trials of offenses involving forfeitures of motor vehicles pursuant to G.S. 20-28.2 shall be scheduled on the arresting officer's next court date or within 30 days of the offense, whichever comes first.

Put simply, the provision states that you are entitled to a trial no later than 30 days following your arrest, even if the arresting officer sets a court date later than that date.

If you are arrested in North Carolina for DWI and the officer seize your vehicle, get in touch with a lawyer immediately so you can grab the opportunity to assert your right. A good Raleigh DWI lawyer can help you pursue the appropriate legal angle available.

No comments:

Post a Comment