Local agencies responsible for direct law enforcement seize property consisting of vehicles, money, real property, and other miscellaneous property. The agency then sends the paperwork to the Legal Division to process as jurisdiction has been given to the Commissioner of Safety for the disposition of this property. Property may be seized for possession of narcotics, illegal or prescription. Vehicles may be seized for driving on a driver's license which has been revoked for driving under the influence and for driving under the influence for a second or subsequent time. Both DUI charges must have occurred within five years of each other.
The Notice of Seizure and Forfeiture of Conveyances form is completed by the Officer at the time the property is seized. He gives this to the person in possession of the property being seized as a receipt to show that the property is, in fact, being seized. He is then responsible for taking this Notice of Seizure and a completed Forfeiture Warrant to a local Judge to show probable cause for the seizure. If the Judge finds probable cause for the seizure, he signs the Warrant.
Nashville DUI Vehicle Seizure Forfeiture — Protecting Your Rights
Once the Warrant is signed, the Notice of Seizure form and the signed Warrant are submitted to the Legal Division. Notice that a Forfeiture Warrant has been signed is sent by certified mail to anyone reasonably located who may have an interest in this property. They are responsible for filing a petition requesting a hearing within thirty (30) days of receiving the letter and signing the certified mail receipt.
Once a petition is filed, the case is set for hearing to determine the disposition of the property. Notice of the hearing date is sent to all parties who have filed a petition about thirty (30) days before the hearing is set. This hearing will be presided over by an Administrative Law Judge out of the Secretary of State Administrative Procedures Division. The State has prosecuting attorneys for these hearings. Claimants will need to hire their own defense attorney, at their expense.
Because the facts, law, and circumstances of each case vary, it is important to contact a experienced Tennessee DUI lawyer Rob McKinney is experienced in handling vehicle forfeiture proceedings with the Tennessee Department of Safety.
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Contact the Law Office of Rob McKinney at 615-686-2115 for a free consultation about getting your vehicle back after a DUI arrest.