How do I get my car back after being charged with DWI in NYC?

Even though the maximum fine for a first offense misdemeanor Driving While Intoxicated–or DWI–is $1,000, police may seize the car. The theory is, as wrongheaded as it is, that the car is the instrumentality of the crime. Therefore, police may hold a person’s car for arrest evidence, safekeeping or forfeiture.

New York Vehicles Held For Arrest Evidence and Safekeeping Following a DWI Arrest

NYC DWI AttorneyIn New York City, if your car is being held only for arrest evidence or safekeeping, then the prosecutor and police have a say about your car being returned to you. A prosecutor may require that a person who is charged with DWI waive certain defenses to obtain their car. The waiver means that a person will not later be able to claim that the car was not functioning properly when the arrest was made. The proper function of a car usually comes into play in a DWI case when an indicia of intoxication relates to erratic driving like swerving.

If the New York City Police Department or NYPD is holding the car only for arrest evidence, then the NYPD will send a two-page letter from the Property Clerk Division at One Police Plaza, Room 208 in Manhattan. The letter outlines what a person will need in order to take possession of the car, which includes:

  • Identification issued from a government agency like a driver license or passport
  • A release from the District Attorney’s Officer where the DWI case is pending (if the vehicle is arrest evidence)
  • An original copy of the title
  • Proof of insurance
  • A copy of Property Voucher
  • A notarized letter from owner who has title authorizing the representative to retrieve the car if the owner is not present to claim the car or motorcycle
  • If an insurance company is claiming the vehicle then a certificate of title or salvage certificate MV-907A is required. If this is not available, then a receipt for release of the vehicle is required.
  • Certificate of Title or Salvage Certificate MV-907A for Junk/Salvage vehicle. An original copy of the title. The title must have the owners information imprinted by the state of issuance. Signed over titles are not accepted.
  • If a lien holder is claiming the vehicle, then: a notarized letter from the lien-holder describing the details of the default; and a notarized copy of a conditional sales contract or agreement

If an owner is retrieving a motorcycle the person may either tow it or pick it up with a van or truck where the motorcycle can be stored. Motorcycles cannot be driven out of the storage facilities. If a vehicle is inoperable or will not start, an owner must provide their own tow truck.

The NYPD has two pounds where NYC DWI seized vehicles are stored:

SPRINGFIELD GARDENS AUTO POUND

174-20 North Boundary Road
Springfield Gardens, NY 11430
Telephone: 718-553-9555
Open to the public Monday through Friday, 8:00 AM to 3:00 PM (closed holidays)
This location is accessible to persons using wheelchairs and with other disabilities.

ERIE BASIN AUTO POUND

700 Columbia Street
Brooklyn, NY 11231
Telephone: 718-246-2031 or 718-246-2032
Open to the public Monday through Friday, 8:00 AM to 3:00 PM (closed weekends and holidays).
This location is accessible to persons using wheelchairs and with other disabilities.

Vehicles Held For Forfeiture after Being Charged with DWI in NYC

If the vehicle, car or motorcycle is being held for forfeiture, then an owner has the right to a civil forfeiture proceeding. A vehicle can be forfeited even if a person is found not guilty of DWI charges! Under this policy, people arrested DWI offenders can lose their cars even if they are found not guilty on the drunk-driving charge. New York City’s forfeiture policy is listed in Section 14-140 of the New York City Administrative Code.

Under the statute, New York City’s Forfeiture Law, the City of New York may seize a car or motorcycle for DWI or for any other crime. An owner of a vehicle has the right to a prompt hearing to challenge the police department’s hold on the car, while waiting for the forfeiture proceeding to take place. You do not have to wait until the forfeiture proceeding starts to try to get your car back temporarily. The hearing is called a Krimstock hearing, which has been in place since 2007 as a result of an Order by a federal judge. However, even if an owner wins a Krimstock hearing, the NYPD may still decide to bring a forfeiture proceeding.

When the NYPD seizes a car as part of a DWI arrest or for any other reason, they must give both driver and owner, if they are different people, a Vehicle Seizure Form. The NYPD must provide the notice to an owner twice, once when the time the car is initially seized and a second time by mail.

The Vehicle Seizure Form explains how to request a Krimstock hearing and the process for the hearing. If you want a Krimstock hearing you must fill out the form and send it to the NYPD at the address on the form. A Krimstock will not occur until your return the Vehicle Seizure Form to the NYPD.

At a Krimstock hearing, the NYPD has to prove that the owner received proper notice of the right to the hearing. The NYPD must also prove:

Probable Cause: The NYPD had enough information to stop the car and arrest the person in the car, if an arrest for DWI, then the driver of the vehicle. If the NYPD claims that contraband or something illegal was found inside the car, then the police must show probable cause to search the car as well.

Likelihood of Success: The vehicle was likely used as part of a crime, whether for DWI or any other. If this is true, then the NYPD could win a civil forfeiture proceeding in state court for the permanent ownership of the vehicle.
Danger to the Public: Returning the vehicle would be a danger to the public.

If an owner wins the retention hearing, then the NYPD must return the car within 10 days. The vehicle can be picked up from the two pound locations and provide the documentation described above. If you win the Krimstock hearing, the impound lot should not charge you a fee. In addition, New York City may still decide to pursue a forfeiture proceeding in state court where an owner could lose permanent ownership of a vehicle. If you lose the Krimstock hearing, then an owner can bring an Article 78 proceeding in state court within 4 months to challenge the decision or wait for New York City to bring a forfeiture proceeding.

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