DUI Vehicle Seizure/Forfeiture
How Your Car Is Affected by a Nashville DUI Arrest
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 Vehicles may be seized for driving on a driver's license that has been revoked for driving under the influence (DUI) and for DUI for a second or subsequent time.
If your vehicle has been seized, you probably have a lot of questions. Because the facts, law, and circumstances of each case vary, it is vital to contact a lawyer who is experienced in handling vehicle forfeiture proceedings with the Tennessee Department of Safety. At May McKinney, we advise and represent clients in all DUI and criminal matters, including those involving property seizures and vehicle forfeitures.
To discuss your case with a seasoned professional, call (615) 265-6383. We serve Nashville, Mount Juliet, Brentwood, Franklin, and all of Tennessee.
Vehicle Forfeiture Proceedings in Nashville, TN
A Notice of Seizure and Forfeiture of Conveyances form is completed by the officer at the time property is seized. He or she gives this to the person in possession of the property as a receipt to show that the property is, in fact, being seized. He or she 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 or she signs the warrant.
Once the warrant is signed, the Notice of Seizure form and 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 the property. They're responsible for filing a petition requesting a hearing within 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 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.
Talk to a Skilled Lawyer About Your Rights
The State will have a prosecuting attorney at your property seizure hearing. Make sure you have your own lawyer to protect your interests. With our almost 80 years of collective experience and holistic approach to our clients’ cases, we at May McKinney are committed to securing results in vehicle forfeiture and property seizure hearings as well as criminal matters related to DUI and all misdemeanor and felony offenses.
Contact our firm today to find out how we can protect your rights, interests, and property.
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