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Vehicle Forfeiture Defenses
Until and unless Nassau County's legislation is ruled invalid not
every seizure is preventable. However, there are a variety of defenses available
which allow for a challenge to the taking of the vehicle and, ultimately, to a
victory in Court:
- Late Filing
-
Nassau County must
commence its lawsuit to take the car within 120 days of arrest. This is a
statutory requirement and should be strictly enforced. If they do not timely
commence the action you cannot be forced to forfeit the vehicle.
-
Innocent Owner -
Nassau County sues to take
the vehicle not only from the operator but from the owner as well.
If it can be shown that the owner
of the vehicle, other than the person arrested for violation of any
provision of section eleven hundred ninety-two of the Vehicle and Traffic Law,
did not know, or had no reason to know, that there was a reasonable likelihood
that the vehicle would be used in violation of any such provision the County's
forfeiture action can be defeated.
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Improper Notice Defense -
The County must provide
specific and timely notice to the driver, the owner and any lienholder of the
vehicle.
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Hardship -
The law provides an exception to the vehicle seizure and sale of it if we can
demonstrate undue hardship based on financial, family and other affects caused
by the loss of the vehicle.
NOTE:
If
a person
transfers title or possession of a vehicle without providing notice to the
County as required they shall be subject, upon a judgment that the vehicle shall
be forfeited, to a penalty in the amount of fifteen hundred dollars in addition
to the fair market value of the vehicle at the time of the arrest. Evidence of
such fair market value may be established with reference to publications such as
the Kelley
Blue Book or NADA guide. Basically, if the
car is sold before the County can lawfully take it, they are entitled to get the
value of the car plus $1500.00.
We offer free
consultations. Forfeiture is avoidable.
Keith, Shapiro & Ford
666 Old Country Road,
Garden City, New York
516-222-0200
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