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Non Defendant Owners Petition Application For Release Of Seized Motor Vehicle Acknowledgment CR-330 - North Carolina
| Non Defendant Owners Petition Application For Release Of Seized Motor Vehicle Acknowledgment Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. STATE OF NORTH CAROLINA County In The General Court Of Justice District Superior Court DivisionName Of Defendant Defendants Drivers License No. State NON-DEFENDANT OWNERS PETITION/APPLICATION FOR RELEASE Vehicle Identification No. OF SEIZED MOTOR VEHICLE Vehicle License No. State ACKNOWLEDGMENT G.S. 20-28.2(e), 20-28.3(e), 20-28.3(e1)Vehicle Type Make Year Date Of Seizure Date Of Offense The motor vehicle described above was seized on the date shown above while being driven by the defendant named above and the defendant was charged with committing an impaired driving offense while the defendants drivers license was revoked pursuant to an impaired drivers license revocation. The petitioner named on the reverse side applies for the release of that motor vehicle and any funds paid into this Court as a result of any damage to or sale of the vehicle incident to its seizure. Release is requested: (check all that apply) Temporarily pending a proceeding before the Clerk on this Petition or pending a hearing on the forfeiture of the vehicle. NOTE: Check this option if you want immediate temporary release of your vehicle. You must execute and file a bond. Use "Bond To Secure Return Of Motor Vehicle For Proceeding Or Hearing On Petition For Release," AOC-CR-331. Permanently after a proceeding before the Clerk on this Petition to be held as soon as may be feasible after the filing of this Petition. Permanently after a hearing conducted by the court on the forfeiture of the vehicle. I state: 1. The petitioner is: a. an individual. b. a business firm or corporation acting through the undersigned agent. 2. I am a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time the vehicle was seized. 3. At the time of the offense the defendant had no ownership interest in the motor vehicle, or was not the sole owner of the vehicle. 4. I am an innocent owner because: (check all that apply) a. I did not know and had no reason to know that the defendants drivers license was revoked. b. I knew that the defendants drivers license was revoked, but the defendant drove the motor vehicle without my expressed or implied permission, and I filed a police report for unauthorized use of the motor vehicle and have agreed to prosecute the unauthorized operator of the motor vehicle. c. The motor vehicle was reported stolen. d. I am in the business of renting vehicles, and the defendant is not listed as an authorized driver on the rental contract. I am in the business of leasing motor vehicles, held legal title to the motor vehicle as lessor at the time the vehicle e. was seized, and had no actual knowledge of the revocation of the defendants drivers license at the time the lease was entered. 5. I acknowledge that: a. The vehicle described above was operated by the defendant named above who was charged with an offense involving impaired driving while the defendants license was revoked as a result of a prior impaired drivers license revocation; b. The vehicle is subject to impoundment and forfeiture if the vehicle is again operated by the defendant at any time while the defendants drivers license is revoked, and the defendant is charged with an offense involving impaired driving; and c. A lack of knowledge or consent to the operation will not be a defense in the future, unless I have taken all reasonable precautions to prevent the use of the vehicle by the defendant and immediately report, upon discovery, any unauthorized use to the appropriate law enforcement agency. AOC-CR-330, Rev.1/02 (Over) 2002 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 6. (check applicable box) a. I have not previously executed an acknowledgment naming the defendant named on the reverse side as operator of the vehicle described on the reverse side. b. I have previously executed an acknowledgment naming the defendant named on the reverse side as operator of the vehicle described on the reverse side and have taken all reasonable precautions to prevent the use of the vehicle by the defendant named on the reverse side and immediately reported, upon discovery, any unauthorized use to the appropriate law enforcement agency. 7. (check if you are a lessor) I agree not to sell, give, or otherwise transfer possession of the motor vehicle to the defendant or to any person acting on the defendants behalf. NOTE: "A lessor who refuses to sell, give, or otherwise transfer possession of a seized motor vehicle to the defendant or any person acting on behalf of the defendant shall not be liable for damages arising out of the refusal. " G.S. 20-28.2(e). 8. (check if applying for temporary release) The motor vehicle has been seized for at least 24 hours. 9. (check if applying for temporary release) No bond posted by me to secure the release of the motor vehicle has previously been ordered forfeited. NOTE:In order to obtain permanent release of your vehicle, you must furnish to the Clerk or the Court satisfactory proof of financial responsibility. (Form FS-1, which can be obtained from your insurance company, will provide proof of financial responsibility.)Name, Address And Telephone No. Of Petitioner/Applicant (Type Or Print)Date Signature Of Petitioner/Applicant Drivers License No. (Individual Petitioner Only)State NOTE TO CLERK:Immediately upon the filing of this form, report the owners acknowledgment to DMV using STARS. AOC-CR-330, Side Two, Rev. 1/02 2002 Administrative Office of the Courts
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