NY drunk drivers
04-10-2008, 10:09 AM
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Under NY drunk driving laws DUI (called DWI in NY) will be treated as a misdemeanor if it is a first offense, unless it involves injury or death. In case of injury or death resulting from DWI, it becomes a felony (1st degree for death 2nd degree for injury). It also becomes a felony (3rd degree) if you get more than one DWI within ten years.
In misdemeanor cases, your vehicle will be impounded, and you will end up paying huge fees to retrieve it in addtion to jail time and other fines including suspension of DL. You could also, at the discretion of the court, lose your vehicle registration.
Only in cases of DWI felony can your car be forfeited. A lot of these forfeiture laws run up against the 4th amendment of illegal/unreasonable seizure of property.
I am no lawyer, so don't quote me on any of these.
In misdemeanor cases, your vehicle will be impounded, and you will end up paying huge fees to retrieve it in addtion to jail time and other fines including suspension of DL. You could also, at the discretion of the court, lose your vehicle registration.
Only in cases of DWI felony can your car be forfeited. A lot of these forfeiture laws run up against the 4th amendment of illegal/unreasonable seizure of property.
I am no lawyer, so don't quote me on any of these.
04-10-2008, 12:46 PM
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My Ride: 2008 550, Carbon Black Metallic, Natural Brown Dakota Leather, Sport Package, Sport Automatic Transmission, Cold Weather Package, Power Rear and Manual Side Sun Shades, etc.
Retired - 2004 545 SMG, Black Sapphire Metallic, Auburn Dakota Leather, Cold Weather and Sports Packages, Power Rear and Manual Side Sun Shades
I think the "bid to get it back" notion comes from the fact that if the car is seized (and the city/county goes through all ofthe numerous required steps to enforce the forfeiture) then the car is sold at auction. The original owner, aswell as the general public, is then free to bid on the car to purchase it.
RBG
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04-10-2008, 12:52 PM
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Originally Posted by JStraw' post='559145' date='Apr 10 2008, 01:09 PM
Under NY drunk driving laws DUI (called DWI in NY) will be treated as a misdemeanor if it is a first offense, unless it involves injury or death. In case of injury or death resulting from DWI, it becomes a felony (1st degree for death 2nd degree for injury). It also becomes a felony (3rd degree) if you get more than one DWI within ten years.
In misdemeanor cases, your vehicle will be impounded, and you will end up paying huge fees to retrieve it in addtion to jail time and other fines including suspension of DL. You could also, at the discretion of the court, lose your vehicle registration.
Only in cases of DWI felony can your car be forfeited. A lot of these forfeiture laws run up against the 4th amendment of illegal/unreasonable seizure of property.
I am no lawyer, so don't quote me on any of these.
In misdemeanor cases, your vehicle will be impounded, and you will end up paying huge fees to retrieve it in addtion to jail time and other fines including suspension of DL. You could also, at the discretion of the court, lose your vehicle registration.
Only in cases of DWI felony can your car be forfeited. A lot of these forfeiture laws run up against the 4th amendment of illegal/unreasonable seizure of property.
I am no lawyer, so don't quote me on any of these.
In addition, if you have a lease or loan on the vehicle technically the bank or leasing company have rights to the vehicle as well.
I am also not a lawyer but I do play one on TV.
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