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As a criminal defense firm representing a many
clients who have been charged with Driving Wile
Intoxicated or Driving While Impaired by Alcohol
or Drugs we found ourselves confronted by the
fact that the resolution of our clients'
criminal matters was not really the end of
their problem. Losing a vehicle frequently had a
greater consequence than the penalties set forth
in the Penal or Vehicle & Traffic Laws.
After our clients' arrest they would be served
in a civil action in which the County sought to
take the car they were driving regardless of the
facts and in spite of what we believed to be
case law clearly prohibiting their actions. We
have successfully defended cases resulting not
only in a decision that the vehicle would
not be lost but in an award of sanctions against
the county (money paid back to our client) for
bringing and maintaining the lawsuit despite
facts which should have led them not to proceed.
There are defenses to forfeiture actions,
whether contained in the Statute that allows for
vehicle forfeiture or the State or Federal case
law and we have used these defenses
successfully to prevent the forfeiture of
vehicles for a multitude of our clients, their
friends and families.
For more
information regarding Nassau County's automobile
click here.
Defenses exist in all Counties!
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