QUESTION
Can they impound my car since I have never had a DWI and was not with my girlfriend at the time?
Asked on Mar 02nd, 2013 on DUI/DWI - New Jersey
More details to this question:
My girlfriend drove my truck and got her 2nd DWI. They impound my truck and said they can keep it.
9 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, your car can be seized when the driver is arrested. You should be able to go to the impound yard and get your car released. They cannot keep your car, it is your property, not that of your girlfriend.
Answered on Mar 05th, 2013 at 2:53 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, they can impound it. In many states it is required. How long they keep it may depend upon certain factors like whether she was driving with or without your consent. You may want to speak with a local attorney.
Answered on Mar 05th, 2013 at 2:52 PM
William A. Siebert
You would need to explain that girlfriend used the truck without permission. Do not attempt this without a lawyer.
Answered on Mar 05th, 2013 at 2:52 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can ask for a Show Cause hearing if you didn't give her permission to drive the car knowing she was drunk.
Answered on Mar 05th, 2013 at 2:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not know all of the circumstances but allowing a person to drive drunk, or without a license, your vehicle is a criminal offense.
Answered on Mar 04th, 2013 at 3:25 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. They can only impound the vehicle if owned by person getting DUI. If they do impound you can get it back with registration and valid drivers license.
Answered on Mar 04th, 2013 at 3:25 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Yes, the vehicle may be impounded under those circumstances irrespective of who owns it. As long as you were not aware that she was driving while intoxicated, I do not see a basis for the vehicle to be forfeited.
Answered on Mar 04th, 2013 at 3:25 PM
Yes they can impound it, but you have 48 hours to request an impound hearing, or you can simply show up with proof that you own the car (and not her) and get your vehicle out. You will, however, be responsible for the storage fees up till the time you get the car out.
Answered on Mar 04th, 2013 at 3:24 PM
Criminal Defense Attorney serving Englewood Cliffs, NJ
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Savyon Grant, Esq. & Associates
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Yes But you can go and get it released
Answered on Mar 04th, 2013 at 3:23 PM