Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County.
To the extent that motor vehicles are employed to commit Driving While Intoxicated (DWI) offenses within the County, the Code empowers the County to pursue and obtain civil forfeiture of such vehicles against any persons having an interest in such vehicles.
Furthermore, in the event that any person tries to circumvent the legal process of the County’s right to maintain such an action by transferring title or possession of the subject vehicle, without first notifying the County, then the County of Nassau is entitled to obtain a monetary judgment against any and all such person(s) in an amount equal to the fair market value of the vehicle at the time of arrest, plus an additional penalty in the amount of $1,500.00.
Upon an arrest within the County of Nassau on suspicion of DWI, the County has the option to seek forfeiture of the subject vehicle as the instrumentality of the crime. This civil proceeding is separate and apart from the underlying criminal matter. The disposition of the criminal case weighs heavily on the civil forfeiture matter and it is important that you seek advice from an experienced DWI criminal and civil attorney.
If you required the services of an experienced attorney with your Long Island DWI car forfeiture matter, please contact the Law Offices of Michael W. Alpert at (516) 280-7288 or malpert@alpertlegal.com.